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CITY OF GRIFFIN v. McDANIEL

No. A04A1015.

606 S.E.2d 607 (2004)

270 Ga. App. 349

CITY OF GRIFFIN v. McDANIEL et al.

Court of Appeals of Georgia.

November 8, 2004.

Attorney(s) appearing for the Case

Mullins, Whalen & Westbury, Andrew J. Whalen III, Griffin, for appellant.

Jenkins & Olson, Frank E. Jenkins III, Brandon L. Bowen, Cartersville, for appellees.

Thurbert E. Baker, Atty. Gen., Daniel M. Formby, Deputy Atty. Gen., R.O. Lerer, Senior Asst. Atty. Gen., Cynthia A, Presto, Asst. Atty. Gen., Proctor & Chambers, Robert J. Proctor, Bradley A. Hutchins, John C. Clark, amici curiae.

PHIPPS, Judge.

Spalding County constructed a new correctional institution in the unincorporated portion of the county and connected it to the City of Griffin sewer system, with the city's permission. In return, the city sought to recover a connection fee of $378,730. When the county refused to pay, the city sued the Board of Commissioners of Spalding County. The parties filed cross-motions for summary judgment, and the court issued a detailed order granting the commissioners...

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