Austin Enterprises, Inc. v. DeKalb County

Quillian, Justice.(a) The principal contention made by the appellant in its enumeration of errors is that the evidence demanded a finding in its favor because it showed the taking was for a purely private purpose, not a public one. The appellant argues that the action on the part of the county was arbitrary, capricious and in violation of the .law.

While at the present it is true that the sewer connector line would serve only one owner, the developer of the subdivision, when the area was developed it was contemplated that many customers would be served. It could not be considered arbitrary on…