City of Warner Robins v. Rushing

I do not think, under the unique facts and procedural posture of this case, that the majority is correct in finding that the city may not be estopped. Summary judgment was granted below; however, there are unresolved facts which require this case to be submitted to a jury for disposition based upon facts in the record which indicate that the act may not have been ultra vires. The new agreement may have been made with the implied consent of the members of the city council.

When viewed in favor of the appellees, the parties who opposed summary judgment, the facts show that appellee Rushing…