DUPRE v. CITY OF MARIETTA

19741.

213 Ga. 403 (1957)

99 S.E.2d 156

DUPRE v. CITY OF MARIETTA.

Supreme Court of Georgia.

Decided July 3, 1957.


Attorney(s) appearing for the Case

Claud M. Hicks, J. Douglas Henderson, for plaintiff in error.

Scott S. Edwards, Jr., contra.


DUCKWORTH, Chief Justice.

1. The charter of the City of Marietta invests its mayor and council with wide general powers to "open, improve, change or close" streets of the city. Ga. L. 1904, pp. 519, 528, § 24. This power is broad enough to authorize them to exercise poor judgment so long as it is their judgment and is not capricious and arbitrary in opening and locating streets anywhere within the city. It is not permissible...

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