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JONESBORO ATHLETIC ASSOC. v. DICKSON

26378.

227 Ga. 513 (1971)

181 S.E.2d 852

JONESBORO AREA ATHLETIC ASSOCIATION, INC. v. DICKSON et al.

Supreme Court of Georgia.

Decided April 22, 1971.

Attorney(s) appearing for the Case

Wesley R. Asinof, A. Ed Wallace, for appellant.

Hutcheson, Kilpatrick, Watson, Crumbley & Brown, Joe C. Crumbley, Lee Hutcheson, for appellees.

FELTON, Justice.

1. We must first determine whether or not the City of Jonesboro had lawful authority to enter into this lease contract. The contention of the defendants is that the act of the municipality was ultra vires, hence void, for the reasons that (a) it was an attempt to appropriate to private purposes property dedicated by the municipality for public purposes, and (b) it violated the prohibition of Code § 69-202, that "One council may not by...

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