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City of Buford v. Georgia Power Co.

O.C.G.A. § 36-36-6 a 5 preempts a city's enforcement of a municipal ordinance, establishing a moratorium on construction of electric power substations on private property.

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This appeal involves the constitutionality of the City of Buford’s moratorium on the construction of electric power substations. The trial court held that the ordinance establishing the moratorium was preempted by state law and enjoined its enforcement. Because the City’s ordinance conflicts with state law giving the Public Service Commission exclusive authority to regulate the business activity of Georgia Power, it is preempted by state law. Therefore, we affirm the trial court. In 2002, the City of Buford enacted an ordinance that placed a one-year moratorium on the construction of electric power substations within 500 feet of residentially zoned property. When Georgia Power began construction on a substation, the Shoal Creek Switching Station, within 500 feet of residential property located in the City, the City issued a stop work order. Georgia Power sought an injunction against the ordinance’s enforcement and a declaratory judgment that the ordinance was unconstitutional.

1. The Georgia Constitution provides that state statutes generally control over local ordinances: “no local or special law shall be enacted in any case for which provision has been made by an existing general law.”1 The legislature may preempt local enactments expressly, or preemption may be implied from the comprehensive nature of a state statute.2

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