O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-65-1 (2019)

Statement of policy

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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It is declared by the General Assembly of Georgia that in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy.

History

Code 1981, § 36-19-1, enacted by Ga. L. 1984, p. 1337, § 1; Code

1981, § 36-65-1, as redesignated by Ga. L. 1985, p. 149, § 36.

Annotations

JUDICIAL DECISIONS Cited in Pine Ridge Recycling, Inc. v. Butts County, 855 F. Supp. 1264 (M.D. Ga. 1994).

Notes of Decisions
Cited in 8 cases, 1989–2019 · leading case: Diverse Power, Inc. v. City of LaGrange, Georgia, 934 F.3d 1270 (11th Cir. 2019).
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Diverse Power, Inc. v. City of LaGrange, Georgia, 934 F.3d 1270 (11th Cir. 2019). · cites it 3× “5 Georgia statutes even provide that "in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy," O.C.G.A. § 36-65-1, meaning that "in the exercise of such powers, such local governing…”
Pine Ridge Recycling, Inc. v. Butts Cnty., Ga., 855 F. Supp. 1264 (M.D. Ga. 1994). · cites it 4× “Lastly, the Georgia legislature has emphasized that local governing authorities are acting pursuant to state policy when they carry out delegated powers, and, in so doing, the authorities shall be immune from antitrust liability to the same degree as the state.”
Strykr v. Long Cnty. Bd. of Commissioners, 593 S.E.2d 348 (Ga. 2004). · cites it 2× “OCGA §§ 36-65-1, 36-65-2. 2. Strykr argues that the solid waste collection fee authorized by the ordinance constitutes a tax imposed in violation of Art.”
Alta Anesthesia Assocs. of Georgia, P.C. v. Gibbons, 537 S.E.2d 388 (Ga. Ct. App. 2000). · cites it 2× “21 The written instruction listed OCGA § 36-65-1 et seq. and City of Calhoun v.”
Exec. Town & Country Servs., Inc. v. Young, 376 S.E.2d 190 (Ga. 1989). · cites it 4× “See OCGA § 36-65-1. 4 This issue is raised in Counts 4 and 5 of the complaint, in which Town & Country alleges that such city-code provisions — and specifically the minimum-rate provisions — are unclear, indefinite, contradictory, vague, void, unenforceable, unreasonable,…”
BFI Waste Sys. of North Am. v. Dekalb Cnty., 303 F. Supp. 2d 1335 (N.D. Ga. 2004). “§ 36-65-1. Further, the Georgia legislature has expressed its intent “clearly” and “affirmatively” “that in the exercise of such powers, such local governing authorities shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia.”
McCallum v. City of Athens, 976 F.2d 649 (11th Cir. 1992). · cites it 3× “…end of the chapter authorizing the creation of municipal waterworks are O.C.G.A. §§ 36-19-1 and 2, redesignated as O.C.G.A. §§ 36-65-1 and 2 by 1985 Ga. Law § 36, reflecting Georgia’s acknowledgment that municipal anticompetitive conduct may flow from the state’s various…”
Crosby v. Hosp. Auth. of Valdosta, 873 F. Supp. 1568 (M.D. Ga. 1995). · cites it 2× “§§ 36-65-1 and -2 (Supp.1993), from state antitrust liability.”
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