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BELLSOUTH TELECOMMUNICATIONS v. COBB COUNTY

No. S03A1220.

588 S.E.2d 704 (2003)

BELLSOUTH TELECOMMUNICATIONS, INC. v. COBB COUNTY.

Supreme Court of Georgia.

November 10, 2003.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, G. Lee Garrett, Jr., BellSouth Telecommunications, Inc., Meredith E. Mays, John T. Tyler, Atlanta, for appellant.

Beyke & Associates, Karen Beyke, Franklin, Kate R. Berry, Marietta, for appellee.

James F. Grubiak, Kelly J. Pridgen, Arnall, Golden & Gregory LLP, Anne F. Gerry, Mary Josephine Leddy Volkert, Asst. Atty. Gen., Atlanta, amici curiae.

FLETCHER, Chief Justice.

Cobb County Code § 106-3 imposes a one-time permit fee on telecommunications companies, including BellSouth Telecommunications, Inc., who apply to use Cobb County's public rights-of-way. BellSouth brought this action to challenge Cobb County's authority to enforce this ordinance and to declare the ordinance unconstitutional. The trial court granted summary judgment to Cobb County, and BellSouth appeals. Because Cobb County has the implied...

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