Forsyth County v. Georgia Transmission Corp.

Thompson, Justice.

In this action for declaratory and injunctive relief, the trial court determined that a Forsyth County ordinance requiring an electric power utility company (“EPUC”) to gain approval from the county board of commissioners before constructing a high voltage power transmission line in the county is an infringement upon the exercise of the power of eminent domain and thus violates the Home Rule Act of the Georgia Constitution, Art. IX, Sec. II, Par. I (c) (6). In Case No. S06A0421, Forsyth County appeals from that ruling. In Case No. S06X0422, Georgia Transmission Corporation…