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COLUMBUS, GA. v. BD. OF WATER COM'RS

No. S91A0205.

403 S.E.2d 791 (1991)

261 Ga. 219

COLUMBUS, GEORGIA v. BOARD OF WATER COMMISSIONERS OF COLUMBUS, GEORGIA.

Supreme Court of Georgia.

May 10, 1991.

Attorney(s) appearing for the Case

Eugene Hardwick Polleys, Jr., Columbus, for Columbus, Ga.

James E. Humes, II, Joseph L. Waldrep, Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for Board of Water Com'rs of Columbus, Ga.

FLETCHER, Justice.

In July of 1990, the Council of Columbus (the "council") appointed one of its members to serve on the Board of Water Commissioners of Columbus (the "board"). The board filed a petition for declaratory judgment or, in the alternative, an application for writ of quo warranto in the Superior Court of Muscogee County (the "court") seeking to have the council's appointment to the board invalidated.

The court found that council members are not...

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