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2018 Georgia Code 36-70-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-70-28 Case Law from Google Scholar Amendments to OCGA 36-70-28

TITLE 36 LOCAL GOVERNMENT

Chapter 70 information not found

ARTICLE 2 SERVICE DELIVERY

36-70-28. "Affected municipality" defined; review and revision of strategy.

  1. As used in this Code section, the term "affected municipality" means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 36-70-25.
  2. Each county and affected municipality shall review, and revise if necessary, the approved strategy:
    1. In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter;
    2. Whenever necessary to change service delivery or revenue distribution arrangements;
    3. Whenever necessary due to changes in revenue distribution arrangements;
    4. In the event of the creation, abolition, or consolidation of local governments;
    5. When the existing service delivery strategy agreement expires; or
    6. Whenever the county and affected municipalities agree to revise the strategy.
  3. In the event that a county or an affected municipality located within the county refuses to review and revise, if necessary, a strategy in accordance with paragraphs (2) and (3) of subsection (b) of this Code section, then any of the parties may use the alternative dispute resolution and appeal procedures set forth in subsection (d) of Code Section 36-70-25.1.

(Code 1981, §36-70-28, enacted by Ga. L. 1997, p. 1567, § 1; Ga. L. 2000, p. 1439, § 3; Ga. L. 2006, p. 72, § 36/SB 465.)

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).

Cases Citing O.C.G.A. § 36-70-28

Total Results: 3  |  Sort by: Relevance  |  Newest First

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City of Union Point v. Greene Cnty., 812 S.E.2d 278 (Ga. 2018).

Cited 16 times | Published | Supreme Court of Georgia | Mar 15, 2018

...The trial court entered a temporary restraining order directing the County to resume dispatch and communications services. A month later, in response to a motion to dismiss, the City amended its complaint to seek a declaratory judgment and mediation under OCGA §§ 36-70-28 (c)4 and 36-70-25.1 (d)....
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City of Union Point v. Greene Cnty. (& Vice Versa), 303 Ga. 449 (Ga. 2018).

Cited 15 times | Published | Supreme Court of Georgia | Mar 15, 2018

...The trial court entered a temporary restraining order directing the County to resume dispatch and communications services. A month later, in response to a motion to dismiss, the City amended its complaint to seek a declaratory judgment and mediation under OCGA §§ 36-70-28 (c)4 and 36-70-25.1 (d)....
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Bd. of Commissioners of Lowndes Cnty. v. Mayor & Council of the City of Valdosta, 309 Ga. 899 (Ga. 2020).

Cited 5 times | Published | Supreme Court of Georgia | Sep 28, 2020

...land use.” OCGA § 36-70-20; see also OCGA § 36-70-1. Counties and municipalities that approve a local government service delivery strategy pursuant to OCGA § 36-70-25 must “review, and revise if necessary, the approved strategy” in certain circumstances. OCGA § 36-70-28 (b).1 No state-administered financial assistance or grant, 1 In particular, OCGA § 36-70-28 (b) provides as follows: Each county and affected municipality shall review, and revise if necessary, the approved strategy: (1) In conjunction with updates of the comprehensive plan as required by Article 1 of this c...