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BROWN v. CITY OF MARIETTA

22833.

220 Ga. 826 (1965)

142 S.E.2d 235

BROWN et al. v. CITY OF MARIETTA et al.

Supreme Court of Georgia.

Decided April 8, 1965.

Rehearing Denied April 20, 1965.

Attorney(s) appearing for the Case

Hicks & Howard, G. Robert Howard, for plaintiffs in error.

Crowe, Shipley & Martin, Arthur L. Crowe, Jr., Ben F. Smith, R. M. Reed, contra.

L. Clifford Adams, Jr., for party at interest not party to record.

HEAD, Presiding Justice.

1. Where the charter of a municipal corporation contains no provision for the expiration or forfeiture of its charter, it does not expire, nor is it forfeited, by nonuser of its powers. City of Atlanta v. Gate City Gas Light Co., 71 Ga. 106; Wall v. Mayor &c. of Milledgeville, 197 Ga. 165 (28 S.E.2d 131). The rule in Georgia is the general rule in the jurisdictions 3rd Ed., 421, § 8.05; 62 CJS 230, Municipal Corporations...

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