In December of 1988, the DeKalb County Board of Commissioners passed a resolution establishing a new sewer service policy. Under the new policy, DeKalb County offered sewer services on privately owned sewer lines for a fee. These services included cleaning out, replacing and installing "cleanouts" (grade level access openings to sewer lines). The appellants, an individual plumber and two plumbers' associations, sought injunctive relief, complaining that DeKalb County's use of public employees and funds to perform work on private property was beyond the scope of the County's constitutional authority and in direct, illegal competition with private industry. The trial court disagreed and denied the appellants' petition for injunctive relief.
This case is controlled by Keen v. Mayor &c. of Waycross, 101 Ga. 588 (29 SE 42) (1897)
and Tift County Hosp. Auth. v. MRS of Tifton, Georgia, Inc., 255 Ga. 164 (335 SE2d 546) (1985)
DeKalb County's actions in pursuing an independent business enterprise were clearly ultra vires, and the trial court erred in denying the appellants' petition for injunctive relief.
Joan F. Roach, for appellees.