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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer

This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.

Saturday, January 19, 2013

County Local Law Amended by Local Ordinance

In reviewing a county ordinance amending a local law, the Georgia Supreme Court held that a county could permit its county officials to contract with county government provided certain procedures were followed.  Board of Commissioners of Miller County v. Callan, 290 Ga. 327 (2012).

Georgia counties are empowered by enabling legislation adopted by the Georgia General Assembly in addition to general statutes and the constitution.  Under this scheme, the local laws create the specific framework for administration of county governmental functions within the general framework established by general legislation and the constitution.    

In Board of Commissioners of Miller County, supra, the supreme court reviewed an ordinance in which the Miller County Board of Commissioners amended the local legislation for the county adopted by the General Assembly.  Certain citizens sued the county when its commissioners changed the local law to allow county officials to enter into business with the county.  Among other things, the challenge was based on the local law that prohibited officials from profiting from county contracts.   

In reviewing the facts, the court held that the county commissioners could amend the local law thereby permitting officials to profit from government contracts in the county.  

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