County not entitled to reimbursement of salary supplement that was not paid in violation of law.

- In a dispute between a county and a county state court judge over a supplement to the judge's salary, summary judgment for the judge was proper on the county's claim for reimbursement of the judge's salary supplement because the county failed to show that the supplement was paid with the total absence or want of power. Even if the supplement was paid in violation of the Open Meetings Act, O.C.G.A. § 50-14-1 et seq., the county's counterclaim was filed well outside the 90-day limitation period in § 50-14-1(b)(2). Heiskell v. Roberts, 342 Ga. App. 109, 802 S.E.2d 385 (2017).

Cited in Victoria's Secret Stores, Inc. v. West, 200 Ga. App. 402, 408 S.E.2d 180 (1991); Cramer v. Spalding County, 261 Ga. 570, 409 S.E.2d 30 (1991).