City of Covington v. Newton County

Supreme Court of Georgia

City of Covington v. Newton County

254 S.E.2d 855, 243 Ga. 476, 1979 Ga. LEXIS 947

CourtSupreme Court of Georgia

DecidedApril 5, 1979

Docket34689

StatusPublished

Cited by3 cases

This text of 254 S.E.2d 855 (City of Covington v. Newton County) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Covington v. Newton County, 254 S.E.2d 855, 243 Ga. 476, 1979 Ga. LEXIS 947 (Ga. 1979).

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Opinion

Per curiam.

Newton County sued the City of Covington to recover charges due for the dumping of garbage by the city in the county’s sanitary landfill. The city has been paying these charges for two years. The rates charged were set out in a county ordinance establishing fees for commercial haulers which included all municipalities who chose to use the county’s landfill rather than maintain their own. Art. IX, Sec. IV, Par. II of the 1976 Georgia Constitution (Code Ann. § 2-6102) provides a county may provide services for garbage collection and disposal, but not within its cities except by contract; may enact ordinances and contract with cities to provide such service; and determine and fix reasonable charges and fees for the service. The trial court correctly found the county’s sanitary landfill and fee schedules were authorized under the 1976 Georgia Constitution; that the ordinances were not violative of the due process or equal protection clauses of the United States and Georgia Constitutions, and that an implied contract existed between the parties authorizing judgment for the county.

Judgment affirmed.

All the Justices concur. Argued March 14, 1979 Decided April 5, 1979. Jerry D. Bouchillon, for appellant. Johnson, Craig & Strauss, William Thomas Craig, for appellee.

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Per curiam.

Newton County sued the City of Covington to recover charges due for the dumping of garbage by the city in the county’s sanitary landfill. The city has been paying these charges for two years. The rates charged were set out in a county ordinance establishing fees for commercial haulers which included all municipalities who chose to use the county’s landfill rather than maintain their own. Art. IX, Sec. IV, Par. II of the 1976 Georgia Constitution (Code Ann. § 2-6102) provides a county may provide services for garbage collection and disposal, but not within its cities except by contract; may enact ordinances and contract with cities to provide such service; and determine and fix reasonable charges and fees for the service. The trial court correctly found the county’s sanitary landfill and fee schedules were authorized under the 1976 Georgia Constitution; that the ordinances were not violative of the due process or equal protection clauses of the United States and Georgia Constitutions, and that an implied contract existed between the parties authorizing judgment for the county.

Judgment affirmed.

All the Justices concur. Argued March 14, 1979 Decided April 5, 1979. Jerry D. Bouchillon, for appellant. Johnson, Craig & Strauss, William Thomas Craig, for appellee.

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Bluebook (online)

254 S.E.2d 855, 243 Ga. 476, 1979 Ga. LEXIS 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-covington-v-newton-county-ga-1979.

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