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Fitzgerald Water, Light & Bond Comm'n v. Shaw Indus. Inc.

The voluntary payment doctrine barred counterclaims based on alleged overpayments for electrical service because the defendant could have detected the alleged incorrect charges by simply looking at its bills.

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Fitzgerald Water, Light and Bond Commission “the Commission” appeals from the superior court’s order denying its motion for summary judgment on Shaw Industries, Inc.’s counterclaims based upon alleged overpayments for electrical service.1 Because the doctrine of voluntary payment bars Shaw Industries’ claims, the trial court erred in denying the motion for summary judgment. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Rice v. Huff , 221 Ga. App. 592, 593 472 SE2d 140 1996. Viewed in this light, the record reveals the following relevant, undisputed facts.

Shaw Industries operates yarn manufacturing plants in Georgia. Since 1983, Shaw Industries has purchased electricity from the Commission, a municipal electrical authority within the jurisdiction of the Public Service Commission “PSC”. See OCGA § 46-3-12. Although the Commission is subject to the authority of the PSC in some respects, its electricity rates, charges, and service rules and regulations “shall not otherwise be fixed by the PSC.” Id.

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