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O.C.G.A. § 12-5-101 — Injunctive relief | Georgia Code

O.C.G.A. § 12-5-101 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 3 WELLS AND DRINKING WATER

12-5-101. Injunctive relief.

Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this part, the director may make application to the superior court of the county where such person resides, or if the person is a nonresident of this state, then to the superior court of the county where such person is engaged in or is about to engage in any such act or practice, for an order enjoining and restraining such act or practice, and, upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law.

(Ga. L. 1972, p. 976, § 8; Ga. L. 1973, p. 1273, § 22.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 248.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 48, 49, 103 et seq.

ALR.

- Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.