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COLLINS v. CITY OF DALTON

Nos. S91A0638, S91X0639.

408 S.E.2d 106 (1991)

261 Ga. 584

COLLINS v. CITY OF DALTON. CITY OF DALTON v. COLLINS.

Supreme Court of Georgia.

Reconsideration Denied October 3, 1991.

Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., Warren R. Calvert, Asst. Atty. Gen., Atlanta, for City of Dalton.

David B. Poythress, Chilivis & Grindler, Atlanta, Carlton C. McCamy, McCamy, Phillips, Tuggle, Rollins & Fordham, Dalton, Nickolas P. Chilivis, Chilivis & Grindler, Atlanta, for Collins.

John K. Larkins, Jr., Chilivis & Grindler, Atlanta.

WELTNER, Justice.

1. (a) In 1977, the City of Dalton issued revenue bonds, and used the proceeds to purchase ownership interests in power plants and other facilities that were located outside of Whitfield County.1 At that time, Art. 9, Sec. 8, Par. 1, of the Constitution of Georgia of 1976 provided, in part:

[I]f municipalities, counties or other political subdivisions shall purchase, construct, or operate ... electric or gas...

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