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City Of Waycrossv.Pierce County Board Of Commissioners

CourtSupreme Court of Georgia
Docket No.S16A1019
DecidedNovember 7, 2016
Reporter195 Ga. 237
JudgesSupreme Court of Georgia
Tags
CivilGovernment LawMunicipal LiabilityPreliminary InjunctionStatutory InterpretationDirect Appeal
Case Summary

The City of Waycross had provided water and sewer service to an area later removed from the City’s boundaries by state legislation. After the City announced higher user fees and then resolved to stop serving the area, Pierce County sought an interlocutory injunction under the Service Delivery Strategy Act. The trial court granted the injunction, and the City appealed. The Supreme Court of Georgia affirmed. An interlocutory injunction is an extraordinary remedy, but the trial court has broad discretion to balance the equities before a full trial, and the record did not show an error of law, an absence of evidence, or a manifest abuse of discretion. The City’s challenges concerning the County’s counterclaim and the intervention of affected customers also failed because the parties received a fair opportunity to litigate those issues. The decision left in place the order preventing the City from discontinuing water and sewer service while the dispute continued. All the Justices concurred.

Opinion

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