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Full-Text Articles in Law
Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.
Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.
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The Georgia law of municipal annexation possesses a rich history both statutory and decisional. Strangely subdued in this history, however, is the concept of contiguity. Although this term has been stated and defined by the legislature, the concept has historically provoked little controversy, and the courts have stayed away from it with fervor. Recently, this has changed. The purpose here, therefore, is to mark what may well be the origin of a new chapter in the Georgia law of municipal annexation.
Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.
Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.
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One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …
Discretion In Georgia Local Government Law, R. Perry Sentell Jr.
Discretion In Georgia Local Government Law, R. Perry Sentell Jr.
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The initial question in evaluating the ability of a municipal corporation to control the affairs of its citizens is the existence of an allocation of power from the state sovereign. Once such power is found, Georgia courts traditionally view any activity within the scope of that power as a privilege of citizenship in a municipal corporation, controlled at the generally unrestricted discretion of the local government. But when and how do such privileges become rights? With an overview of the typical positions taken by Georgia courts on the power of local governments to control the affairs of their citizens, Professor …