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ATLANTA METRO ASSOCIATED PLUMBING CONTRACTORS, INC. et al. v. MALOOF et al.
S89A0580.
SMITH, Justice.
Equity. DeKalb Superior Court. Before Judge Mallis.
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). 1 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.
Notes
1  The appellee urges this Court to rely upon Lee v. City of Atlanta, 197 Ga. 518 (29 SE2d 774) (1944), which held that the City could install, service, and maintain burglar alarm systems for a fee as a governmental function, even if in competition with private suppliers. As this case dealt primarily with the City's power to "apprehen[d] criminals and suppress[]
Alan C. Harvey, Wendell K. Willard, for appellants.
DECIDED NOVEMBER 30, 1989 -- RECONSIDERATION DENIED JANUARY 10, 1990.
Saturday May 23 10:57 EDT


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