Cobb County v. Georgia Transmission Corporation

Carley, Justice.

The Cobb County Board of Commissioners enacted a seven and one-half month moratorium on the construction of above-ground electrical transmission lines exceeding 115 kilovolts. Georgia Transmission Corporation (Appellee) filed a petition for declaratory judgment and injunctive relief against Cobb County and members of its Board of Commissioners (Appellants), asserting that the ordinance was unconstitutional. In an extensive order, the trial court concluded that the moratorium violated the home rule provision of the Georgia Constitution of 1983, Art. IX, Sec. II, Par. I (c), and…