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DEPT. OF CORRECTIONS v. CHATHAM CTY.

No. S06A0862.

635 S.E.2d 718 (2006)

GEORGIA DEPARTMENT OF CORRECTIONS et al. v. CHATHAM COUNTY.

Supreme Court of Georgia.

Reconsideration Denied October 30, 2006.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., William Wright Banks, Jr., Asst. Atty. Gen., John B. Ballard, Jr., Sr. Asst. Atty. Gen., for appellant.

R. Jonathan Hart, Emily Elizabeth Garrard, Steven Elliot Scheer, Savannah, for appellee.

Overtis Hicks Brantley, Willie Jake Lovett, Jr., Rolesia Butler Dancy, Fulton County Attorney's Office, Sancra Leshea Woods, Atlanta, Charles W. Byrd, Walker, Hubert, Gray, Byrd & Christy, Perry, Joseph A. Homans, Fox, Chandler, Homans, Hicks & McKinnon, Gainesville, Cheryl Harmon Kelley, Fox, Chandler, Homans, Hicks & McKinnon, Dawsonville, amicus appellee.

BENHAM, Justice.

This appeal involves a dispute regarding reimbursement of Chatham County for the expense of housing state prisoners in the county's jail. The County sued the Department of Corrections and the Board of Pardons and Paroles (hereinafter collectively DOC), alleging various claims and seeking a declaration that OCGA §§ 42-9-49 and 42-5-51(c), the statutory provisions controlling reimbursement, are unconstitutional. The trial court dismissed the...

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