Legal Opinion
Cobb County v. City of Smyrna
Court of Appeals of Georgia
Decided November 16, 2004No. A04A1140PublishedCited by 8 opinions
1Opinion of the Court
Mikell, Judge.
This dispute concerns the City of Smyrna’s desire to access water lines owned by Cobb County but located in an area annexed by the city. The city filed a declaratory judgment action against the county seeking to extend a county-owned water line in order to serve the city’s residents. Ruling on cross-motions for summary judgment, the trial court held that the state constitution 1 and OCGA § 36-34-5 authorized the city “to access, extend and tie on to all water lines within its municipal limits” and that such access did not conflict with OCGA § 36-36-7 (b), which provides that the…
2Cases cited17 opinions
- Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
- Six Flags Over Georgia II, L.P. v. KullSupreme Court of Georgia · 2003
- Ryan v. Commissioners of Chatham CountySupreme Court of Georgia · 1948
- Georgia Mental Health Institute v. BradySupreme Court of Georgia · 1993
- Higdon v. City of SenoiaSupreme Court of Georgia · 2000
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Upper Chattahoochee Riverkeeper Fund, Inc. v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 2012
- Hubert Properties, LLP v. Cobb CountyCourt of Appeals of Georgia · 2012
- GREENWOOD HOMES, INC. v. LongCourt of Appeals of Georgia · 2008
- Board of Commissioners of Lowndes County v. Mayor and Council of the City of ValdostaCourt of Appeals of Georgia · 2019
- City of Atlanta v. City of Sandy SpringsCourt of Appeals for the Eleventh Circuit · 2012
3 more not listed; retrieve them via the Exa API.