Photo: Ratana21 – stock.adobe.com Off-Limits? Judicial Authority Takes Center Stage in Dispute Over Municipal Utility Rates
"The legislative body whose job it is to decide what the rates should be, whether they encompass profit or not, is the city council," argued appellee counsel Rebecca Woods of Seyfarth Shaw in Atlanta.
September 24, 2024 at 11:33 AM
8 minute read
What You Need to Know
- Supreme Court of Georgia hears oral argument disputing whether courts are excluded from regulating or fixing charges of public utilities owned or operated by a local government.
- Appellants argue Georgia Constitution's restriction placed on General Assembly does not extend to state's courts.
- Rather than courts, appellee contends state Constitution and laws authorize cities to operate utilities and generate revenue from them.
The Supreme Court of Georgia could soon clarify whether courts are excluded from regulating or fixing charges of public utilities owned or operated by a local government.
The high court heard oral arguments Thursday disputing whether a Coweta Judicial Circuit Superior Court judge erred in holding that the restriction applied to the state's courts since the Georgia Constitution precluded the General Assembly from exercising such authority.
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