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COBB COUNTY v. CITY OF SMYRNA

No. A04A1140.

606 S.E.2d 667 (2004)

270 Ga. App. 471

COBB COUNTY v. CITY OF SMYRNA.

Court of Appeals of Georgia.

November 16, 2004.

Attorney(s) appearing for the Case

McKenna, Long & Aldridge, Edward A. Kazmarek, Roy E. Barnes, Atlanta, for appellant.

Cauthorn & Nohr, Thomas E. Cauthorn, III, Melissa M. Nohr, Cochran, Camp & Snipes, Scott A. Cochran, Marietta, for appellee.

MIKELL, Judge.

This dispute concerns the City of Smyrna's desire to access water lines owned by Cobb County but located in an area annexed by the city. The city filed a declaratory judgment action against the county seeking to extend a county-owned water line in order to serve the city's residents. Ruling on cross-motions for summary judgment, the trial court held that the state constitution1 and OCGA § 36-34-5 authorized the city...

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