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HARALSON COUNTY v. KIMBALL

Nos. A00A0897, A00A0927.

533 S.E.2d 762 (2000)

243 Ga. App. 559

HARALSON COUNTY et al. v. KIMBALL (Two Cases).

Court of Appeals of Georgia.

April 13, 2000.

Attorney(s) appearing for the Case

Wimberly & Lawson, Les A. Schneider, James L. Stine, Bradley T. Adler, Atlanta, for appellants.

Parks, Chesin & Miller, Allan L. Parks, Jr., Mitchell Benjamin, Atlanta, for appellee.

Walker, Hulbert, Gray & Byrd, Charles W. Byrd, Perry, amicus curiae.

McMURRAY, Senior Appellate Judge.

In this appeal we are asked to decide whether, under OCGA § 45-9-21(e)(2), a county which sues one of its duly elected officials for exceeding his budget can be ordered to pay the official's reasonable attorney fees and costs.

OCGA § 45-9-21(e)(2) provides in pertinent part:

In any civil case in which the county attorney has a conflict of interest which would ethically prevent the county attorney from representing...

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