O.C.G.A.

O.C.G.A. § 36-70-26 (2019)

Required filing; verification of components

✓ 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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Each county shall file the agreement for the implementation of strategy required by Code Section 36-70-21 with the department. The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section 36-70-23 and the minimum criteria enumerated in Code Section 36-70-24. The department, however, shall neither approve nor disapprove the specific elements or outcomes of the strategy.

History

Code 1981, § 36-70-26, enacted by Ga. L. 1997, p. 1567, § 1.

Annotations

JUDICIAL DECISIONS Jurisdiction. - When consent decrees were issued in an environmental suit against a city, and a municipality’s incorporation led to service delivery proceedings in state court ten years later, the federal court lacked jurisdiction to enjoin the parties from pursuing the service delivery proceedings in state court under Georgia’s Service Delivery Strategy Act,

O.C.G.A. § 36-70-20 et seq., because the ‘‘in aid of its jurisdiction’’ exception in the Anti-Injunction Act did not apply, and the federal court lacked supplemental jurisdiction over the state service delivery proceeding issues under 28 U.S.C. § 1367. Upper Chattahoochee Riverkeeper Fund, Inc. v. City of Atlanta, 701 F.3d 669 (11th Cir. 2012).

Notes of Decisions

Cited in 4 cases, 2006–2020 · leading case: Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta, 309 Ga. 899 (Ga. 2020).

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Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta, 309 Ga. 899 (Ga. 2020). · cites it 2× “OCGA § 36-70-26 (emphasis added). But by statute the DCA commissioner is the department’s “chief executive officer and administrative head.”

City of Norcross v. Gwinnett Cnty., Georgia (Ga. Ct. App. 2020). · cites it 4× “” (Citation and 10 See OCGA § 36-70-26 (“Each county shall file the agreement for the implementation of strategy required by Code Section 36-70-21 with the department.”

Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta (Ga. Ct. App. 2019). · cites it 2× “Because Lowndes County and the Cities failed to provide the requisite notifications to the DCA regarding the status of their Service Delivery Strategy Agreement, DCA could not verify that the 2008 Strategy Agreement continued to comply with the Act, as is required pursuant to…”

Alcovy Shores Water & Sewerage Auth. v. Jasper Cnty., 626 S.E.2d 560 (Ga. Ct. App. 2006). · cites it 2× “See OCGA § 36-70-26. 1. ASWSA claims that the trial court erred in concluding that the defendants were authorized to reduce its project area as defined by the General Assembly.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.