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DeKALB COUNTY v. STATE

No. S98A1338.

512 S.E.2d 284 (1999)

270 Ga. 776

DeKALB COUNTY et al. v. STATE of Georgia et al.

Supreme Court of Georgia.

Reconsideration Denied April 2, 1999.

Attorney(s) appearing for the Case

Harvey S. Gray, Matthew Lincoln Hilt, Smith, Howard & Ajax, LLP, Atlanta, Jonathan A. Weintraub, County Attorney, Joan F. Roach, Chief Assistant County Attorney, DeKalb County Law Department, Decatur, for DeKalb County et al.

Thurbert E. Baker, Atty. Gen., Harold David Melton, Stefan Ernst Ritter, Asst. Attys. Gen., Daniel M. Formby, Warren R. Calvert, Senior Asst. Attys. Gen., Department of Law, Atlanta, for State of Georgia et al.

THOMPSON, Justice.

The issues for decision in this appeal are (1) whether OCGA § 48-8-67 is unconstitutional, either as a retrospective application of law which alters appellants' vested rights, or as a breach of an implied contract between DeKalb County and the State of Georgia; and (2) whether the trial court erred in dismissing appellants' claim for an accounting. We hold that the statute is constitutional on both bases; however, we remand the claim for an...

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