CITY OF CALHOUN v. NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION

A93A0378, A93A0379.

209 Ga. App. 547 (1993)

433 S.E.2d 698

CITY OF CALHOUN v. NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION; and vice versa.

Court of Appeals of Georgia.

Reconsideration Denied July 15 & July 16, 1993.


Attorney(s) appearing for the Case

Alston & Bird, L. Clifford Adams, Jr., Robert J. Middleton, Jr., Bryan A. Downs, Bailey & Bearden, William P. Bailey, T. Joseph Campbell, for appellant.

Kinney, Kemp, Pickell, Sponcler & Joiner, L. Hugh Kemp, Robert C. Richardson, Jr., James C. Brim, Jr., for appellee.


BIRDSONG, Presiding Judge.

The City of Calhoun appeals from the grant of summary judgment to North Georgia Electric Membership Corporation in the City's efforts to collect a franchise fee from North Georgia EMC pursuant to City Ordinance No. 361. The trial court found that the City could not collect a franchise fee in this case because there was no franchise agreement between the parties. Although prevailing on the merits, North Georgia EMC cross-appeals the trial...

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