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JACKSON CTY. BD. OF HEALTH v. FUGETT CONST.

Nos. S98A1837, S98X1838.

514 S.E.2d 28 (1999)

270 Ga. 667

JACKSON COUNTY BOARD OF HEALTH v. FUGETT CONSTRUCTION, INC. et al. EEE ZZZ Lay Drain Company, Inc. v. Jackson County Board of Health et al.

Supreme Court of Georgia.

March 15, 1999.

Attorney(s) appearing for the Case

John Jay McArthur, McArthur & McArthur, Athens, for Jackson County Board of Health.

Timothy R. Brennan, Eidson & Associates, P.C., Atlanta, for Fugett Construction, Inc., et al., EEE ZZZ Lay Drain Company, Inc.

BENHAM, Chief Justice.

EEE ZZZ Lay Drain Company (hereinafter "EZ") manufactures systems for on-site management of sewage (septic tanks). This case arose when Fugett Construction sought approval from the Jackson County Board of Health (hereinafter "Board") for the installation of one of EZ's systems. When the Board would only grant approval if the system were installed with more material than is called for in the manufacturer's specifications, Fugett Construction...

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