N. GA. ELEC. MEMBERSHIP CORP. v. CITY OF CALHOUN

S94A1009.

264 Ga. 769 (1994)

NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION v. CITY OF CALHOUN.

Supreme Court of Georgia.

Reconsideration Denied December 20, 1994.


Attorney(s) appearing for the Case

James C. Brim, Jr., Robert C. Richardson, Jr., Kinney, Kemp, Pickell, Sponcler & Joiner, L. Hugh Kemp, Wagner, Myers & Sanger, Herbert S. Sanger, Jr., for appellant.

Alston & Bird, L. Clifford Adams, Jr., for appellee.


HUNSTEIN, Justice.

This is the second appearance of these parties before this Court. City of Calhoun v. North Ga. EMC, 264 Ga. 205 (443 S.E.2d 469) (1994) held that the City of Calhoun ("City") could not collect a franchise fee of four percent of gross sales by North Georgia Electric Membership Corporation ("NGEMC") to its customers within the city limits pursuant to an ordinance (Ordinance No. 361) authorizing the grant of a...

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