Ledbetter Bros. v. Floyd Cnty., 226 S.E.2d 730 (Ga. 1976). · Go Syfert
Ledbetter Bros. v. Floyd Cnty., 226 S.E.2d 730 (Ga. 1976). Cases Citing This Book View Copy Cite
47 citation events (25 in the last 25 years) across 2 distinct courts.
Strongest positive: City of McDonough v. Campbell (ga, 2011-05-31)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 12 distinct citers.
cited Cited as authority (rule) City of McDonough v. Campbell
Ga. · 2011 · confidence medium
Ledbetter Bros. v. Floyd County, 237 Ga. 22, 24 ( 226 SE2d 730 ) (1976).
cited Cited as authority (rule) Kim v. First One Group, LLC
Ga. Ct. App. · 2010 · confidence medium
Id. at 146 ; Ledbetter Bros., Inc. v. Floyd County, 237 Ga. 22, 23 ( 226 SE2d 730 ) (1976).
cited Cited as authority (rule) Toberman v. Larose Ltd. Partnership
Ga. Ct. App. · 2006 · confidence medium
See Sweeney, 277 Ga. at 762-763 (2); Chambers v. Peach County, 268 Ga. 672, 673-675 (1)-(4) ( 492 SE2d 191 ) (1997); Ledbetter Bros., 237 Ga. at 23-24 (2)-(5).
discussed Cited as authority (rule) Lancaster v. Effingham County (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2005 · confidence medium
See Threatt v. Fulton County, 266 Ga. 466, 471 (6) ( 467 SE2d 546 ) (1996); Ledbetter Bros., Inc. v. Floyd County, 237 Ga. 22, 23-24 (2), (3) ( 226 SE2d 730 ) (1976); Miles v. Brown, 223 Ga. 557, 558 ( 156 SE2d 898 ) (1967).
cited Cited as authority (rule) Atlanta Area Broadcasting, Inc. v. James Brown Enterprises, Inc.
Ga. Ct. App. · 2003 · confidence medium
Id. at 146 ; Ledbetter Bros., Inc. v. Floyd County, 237 Ga. 22, 23 ( 226 SE2d 730 ) (1976).
cited Cited as authority (rule) Covington v. D. L. Pimper Group, Inc.
Ga. Ct. App. · 2001 · confidence medium
Id.; Wilson, supra. (Citations omitted.) Ledbetter Bros., Inc. v. Floyd County, 237 Ga. 22, 23 (2) ( 226 SE2d 730 ) (1976).
discussed Cited as authority (rule) Covington v. DL Pimper Group, Inc.
Ga. Ct. App. · 2001 · confidence medium
NOTES [1] (Citations omitted.) Wilson v. Sermons, 236 Ga. 400 , 223 S.E.2d 816 (1976); see Parker v. Clary Lakes Recreation Assn., 272 Ga. 44, 45 , 526 S.E.2d 838 (2000). [2] OCGA § 9-5-8; see Chaffin v. Calhoun, 262 Ga. 202, 204 , 415 S.E.2d 906 (1992). [3] Id.; Wilson, supra. [4] (Citations omitted.) Ledbetter Bros., Inc. v. Floyd County, 237 Ga. 22, 23 (2), 226 S.E.2d 730 (1976). [5] Reardigan v. Shaw Indus., 238 Ga.App. 142, 143 (1), 518 S.E.2d 144 (1999). [6] They do not argue that the covenant is overbroad in either its duration or its territorial coverage. [7] 234 Ga.App. 833, 834-835 …
discussed Cited as authority (rule) Georgia Presbyterian Homes, Inc. v. City of Decatur
Ga. Ct. App. · 1983 · confidence medium
In Ledbetter Bros. v. Floyd County, 237 Ga. 22, 24 (4) ( 226 SE2d 730 ), the Supreme Court stated that Code § 69-202 “prohibits, as ultra vires, the enactment of ordinances or the execution of contracts which are effective beyond the term of the commissioners then in office.” The court further stated at page 24 that “the determining factor is whether the contract will be completed within the term of the commissioners.” See also, e.g., Brown v. City of East Point, 246 Ga. 144 ( 268 SE2d 912 ), affg. s.c., 152 Ga. App. 801 ( 264 SE2d 267 ); Aven v. Steiner Cancer Hospital, 189 Ga. 126, …
discussed Cited "see" Gateway Cmty. Serv. Bd. v. Bonati (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Hewatt v. Bonner , 142 Ga. App. 442 , 236 S.E.2d 111 (1977) (although employee could not enforce balance of contract after termination by new administration, employee could enforce employment contract for services already rendered); see generally Ledbetter Bros. , 237 Ga. at 24 (4), 226 S.E.2d 730 ("[T]he determining factor is whether the contract will be completed within the term of the [present administration.]").
examined Cited "see" GATEWAY COMMUNITY SERVICE BOARD D/B/A GATEWAY BEHAVIORAL HEALTH SERVICES v. FRANK A. BONATI (3×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Gardner v. City of Brunswick, 197 Ga. 167, 169 (1) ( 28 SE2d 135 ) (1943) (constitutional questions concerning contract were moot given that contract had been fully executed). 6 The prohibition against “the enactment of ordinances or the execution of contracts which are effective beyond the term of the [administration] then in office,” Ledbetter Bros. v. Floyd County, 237 Ga. 22, 24 (4) ( 226 SE2d 730 ) (1976), “is not of statutory origin, and . . . is applicable generally to legislative or governmental bodies.” (Citation and punctuation omitted).
discussed Cited "see" Parker v. CLARY LAKES RECREATION ASSOCIATION, INC. (2×)
Ga. · 2000 · signal: see · confidence high
See Ledbetter Brothers v. Floyd County, 237 Ga. 22 (1) ( 226 SE2d 730 ) (1976); Wilson v. Sermons, supra. After reviewing the record, we conclude that the trial court was authorized to find that the potential inconvenience and injury to Clary Lakes far exceeded that which Parker would suffer, and that a final order in his favor is unlikely.
discussed Cited "see, e.g." Garden Hills Civic Ass'n v. Metropolitan Atlanta Rapid Transit Authority (2×)
Ga. · 2000 · signal: see also · confidence low
See also Ledbetter Bros. v. Floyd County, 237 Ga. 22 (1) ( 226 SE2d 730 ) (1976).
LEDBETTER BROTHERS, INC.
v.
FLOYD COUNTY Et Al.
30947.
Supreme Court of Georgia.
Jun 8, 1976.
226 S.E.2d 730
Brinson, Askew & Berry, Robert L. Berry, Robert M. Brinson, for appellant., George Anderson, for appellees.
Jordan.
Cited by 20 opinions  |  Published
Jordan, Justice.

This is an appeal from an interlocutory order, entered after a hearing, in which the Superior Court of Floyd County denied appellant’s prayers for an interlocutory injunction.

Appellant, as a taxpayer, seeks to enjoin as ultra vires the Board of Commissioners of Floyd County from expending public funds for the purchase of facilities and equipment to undertake the production of asphalt. After a hearing the trial court, in a complete and well researched opinion, found the proposed plans and plant to be workable; that the commissioners have authority to purchase and operate an asphalt plant; that the asphalt mix to be produced would be used in the construction and maintenance of county roads, and would not be sold to the general public or private enterprises.

1. Appellant argues that the sole purpose of the hearing on an interlocutory injunction is to determine how best to maintain the status quo until the final hearing by balancing the relative conveniences of the parties. We agree that the court on an interlocutory injunction is not making a final order, and that any findings of the trial judge are not conclusive on the parties on the final hearing. However, the trial court on an interlocutory hearing may look to the final hearing and contemplate the results. Bradley v. Roberts, 233 Ga. 114 (210 SE2d 236) (1974); Milton Frank Allen Publications v. Ga. Assn. of Petroleum Retailers, 223 Ga. 784 (158 SE2d 248) (1967). In balancing the relative conveniences of the parties, the court may determine that the law and facts are so adverse to one party’s position that a final order in his favor is unlikely. Where the court concludes that a final judgment for the plaintiff is unlikely, it may be justified in denying the temporary injunction because of the inconvenience and harm to the defendant if the injunction was granted.

2. Appellant further contends that the trial court abused its discretion in denying the temporary injunction.

[*23] Where the trial court, in ruling on an interlocutory injunction, makes findings of fact based upon conflicting evidence, this court will not disturb the ruling as an abuse of discretion unless the denial or granting of the injunction was based on an erroneous interpretation of the law. Holderness v. Lands West, 232 Ga. 452 (207 SE2d 464) (1974); Forrester v. City of Gainesville, 223 Ga. 344 (155 SE2d 376) (1967). The trial court concluded as a matter of law that the county commissioners have authority under the State Constitution and statutes to purchase and operate an asphalt mix plant and produce asphalt for use on county roads, and that the county commissioners have not abused their discretion in proceeding with the project.

The Georgia Constitution grants broad and general powers to the counties to levy taxes and expend public funds for the purpose of road construction, maintenance and improvement, which are explained and developed further by statute. Art. VII, Sec. IV, Par. II (Code Ann. § 2-5701). The Code of Public Transportation sets out the duties of the county with respect to Its road system: "A county shall plan, designate, improve, manage, control, construct, and maintain an adequate county road system and shall have control of and responsibility for all construction, maintenance, or other work related to the county road system.” Code Ann. § 95A-401 (a) (Ga. L. 1973, pp. 947, 994; 1974, pp. 1422, 1430). This statute places broad responsibilities, similar in scope to the powers granted in the Constitution, on the counties in regard to a county road system, including the responsibility for all "work related to the county road system.” The statute goes on to provide incidental powers and for a liberal construction of all powers granted to the counties in regard to road systems.

The trial court was authorized to find that the counties have implied authority to develop facilities for the production of asphalt for use in the county road system.

The trial court concluded from the evidence that the commissioners undertook to investigate and study the feasibility of the proposal, that the commissioners made their own decisions based upon that study, and that the[*24] county would be . able to .produce asphalt at a lower cost than it. could purchase it commercially. Under this state of •facts a finding was authorized that the commissioners did not abuse their discretion in the proposed purchase and operation of an asphalt plant.

•3. Appellant contends that the. acts and proposed acts of the appéllees are illegal as an unconstitutional intrusion into private enterprise. The evidence,, to the contrary, shows that the county intends to use the asphalt for the construction and maintenance of county roads. There is no evidence that the county will or intends to offer the asphalt for sale to the public. We agree with the trial court that the mere production of asphalt, without more, does not not constitute an intrusion into private enterprise. See Wood v. Floyd County, 161 Ga. 743 (131 SE 882) (1925), and Beazley v. DeKalb County, 210 Ga. 41 (77 SE2d 740) (1953).

4. Appellant contends that the acts and proposed acts of the commissioners are illegal pursuant to Code Ann. § 69-202 as an attempt to bind successor boards so as to prevent free legislation in county government matters. Appellant’s reliance on § 69-202 is misplaced. It prohibits, as ultra'vires, the enactment of ordinances or the execution of contracts which are effective beyond the term of the commissioners then in office. McElmurray v. Richmond County, 223 Ga. 47 (153 SE2d 427) (1967); City of Douglas v. Cartrett, 109 Ga. App. 683 (137 SE2d 358) (1964). The contract to purchase the asphalt plant does not create a debt payable beyond the term of the present board of commissioners. Evidence at the hearing establishes that full payment will be made at the time the plant is delivered and made operational. We agree with the trial court that the determining factor is whether the contract will be completed within the term of the commissioners, and not whether the depreciable life of the property extends beyond the term of the commissioners.

5. We find no merit in any of the other contentions of the appellant.

The trial court’s ruling was well within its discretion, and will not be disturbed. Code Ann. § 55-108.

Judgment affirmed.

All the Justices concur. [*25] Submitted April 16, 1976 Decided June 8, 1976. Brinson, Askew & Berry, Robert L. Berry, Robert M. Brinson, for appellant. George Anderson, for appellees.