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KELLEY v. CITY OF GRIFFIN

44439.

257 Ga. 407 (1987)

359 S.E.2d 644

KELLEY et al. v. CITY OF GRIFFIN.

Supreme Court of Georgia.

Reconsideration Denied September 23, 1987.

Attorney(s) appearing for the Case

Ralph G. McCallum, Jr., for appellants.

Christopher, Mullins & Whalen, Andrew J. Whalen III, for appellee.

Walter E. Sumner, Janet M. Bolt, amicus curiae.

HUNT, Justice.

The question presented by this appeal is whether the City of Griffin may constitutionally condemn the Kelleys' 116.54 acres of land in Spalding County to provide for future expansion of its sewer system. The Kelleys moved to dismiss the proceedings on two grounds. First, they claim that since their land lies beyond the city limits of Griffin, the city may not condemn absent a written agreement with the county to provide for such services. Such an agreement...

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