Hummings v. City of Woodbine

Hill, Chief Justice.

The issue in this case is whether OCGA § 36-34-5 authorizes a city to charge its residents who do not use the city’s sewer system a monthly fee for sewer service.

This appeal is from an order denying the three plaintiff-appellants’ prayer for injunctive relief against the City of Woodbine, its mayor and council. The plaintiffs, residents of the city, own private wells to supply their water and private septic tanks to dispose of their waste. In 1980 the city revised its water and sewer ordinance to require that all residents within 100 feet of water and sewer mains pay a…