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City of Waycross v. Pierce Cnty. Bd. of Comm'rs

The trial court did not abuse its discretion in granting county's request for an interlocutory injunction to prohibit city from discontinuing its water and sewer services in a formerly annexed area.

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The City of Waycross the City, which is situated primarily in Ware County, annexed property in Pierce County the County in the 1980′s. The City constructed a component of its wastewater treatment facility in the annexed area, and entered into service delivery strategy agreements with the County in 1999. The agreements provided that the City would provide water and sewer services in the annexed area; they did not contain an expiration date. The City provided the agreed upon services and collected fees from the users of the services.1 The fees covered the costs of providing water and sewer services in the annexed area. Residents of the City did not subsidize the costs of the services.

In 2015, the legislature passed House Bill 523, which was signed by the Governor and became effective July 1, 2015. Ga. L. 2015, p. 3513. The bill amended the City’s charter so that no portion of the City would include any territory within the boundaries of Pierce County. Id.

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