Legal Opinion
Brown v. City of Marietta
Supreme Court of Georgia
Decided April 8, 1965No. 22833PublishedCited by 3 opinions
1Opinion of the Court
Head, Presiding Justice.
Where the charter of a municipal corporation contains no provision for the expiration or forfeiture of its charter, it does not expire, nor is it forfeited, by nonuser of its powers. City of Atlanta v. Gate City Gas Light Co., 71 Ga. 106; Wall v. Mayor &c. of Milledgeville, 197 Ga. 165 (28 SE2d 131). The rule in Georgia is the general rule in the jurisdictions of this country. 2 McQuillin on Municipal Corporations, 3rd Ed., 421, § 8.05; 62 CJS 230, Municipal Corporations, § 103; 37 Am. Jur. 639, Municipal Corporations, § 22. The charter of the Town of Elizabeth (Ga. L.…
2Cases cited15 opinions
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Thompson v. Eastern Air Lines Inc.Supreme Court of Georgia · 1946
- Franklin v. HarperSupreme Court of Georgia · 1949
- Edalgo v. Southern Railway Co.Supreme Court of Georgia · 1907
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