JOHNSON v. STATE OF GEORGIA

39586.

107 Ga. App. 16 (1962)

128 S.E.2d 651

JOHNSON v. STATE OF GEORGIA et al.

Court of Appeals of Georgia.

Rehearing Denied November 15, 1962.


Attorney(s) appearing for the Case

Troutman, Sams, Schroder & Lockerman, William H. Schroder, Harold C. McKenzie, Jr., Jack Rogers, for plaintiff in error.

Earl B. Self, Solicitor General, Robert E. Coker, John H. Mobley, Sumter Kelley, Eugene Cook, Attorney General, Paul Rodgers, Assistant Attorney General, Charles J. McCarthy, Robert H. Marquis, C. A. Reidinger, contra.


HALL, Judge.

The City of Chickamauga contends that it had the discretionary power to contract to purchase power from the Georgia Power Company or the TVA and that in keeping with its own best interest it chose the latter. We agree that in general such an exercise of legislative discretion is reviewable only at the ballot box. If under our Constitution and laws, a municipal corporation lawfully undertakes to establish and operate an electric distribution system and...

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