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11-29-01 - SUPREME COURT RULES IN FAVOR OF WATKINSVILLE & OCONEE COUNTY

In my last weeks as Oconee Commission Chair, we were sued over the policy of denying residential development connection to a limited sewer capacity system.  The County won the law suit.

AVOC

 

November 29, 2001

 

GA Supreme Court rules in County favor on Sewer Use.

 

By Wendell Dawson, Editor, AVOC, Inc.

 

In my last weeks as Oconee Commission Chair, we were sued over the policy of denying residential development connection to a limited sewer capacity.  The County won the law suit.

 

UPDATE:  See: http://www.avoc.info/files/SewerHistory.pdf

 

 

From: THE GEORGIA SUPREME COURT
November 28, 2001

 

SUPREME COURT DENIES MAYNARD- VAUGHAN SUIT FOR SEWER PERMIT FROM CITY AND COUNTY

 

In a unanimous decision written by Justice Hines, the Georgia Supreme Court has affirmed the lower court’s decision in denying the request for Mandamus and Injunctive relief against the City of Watkinsville and Oconee County. The decision upheld Superior Court Judge Joseph Gaines’ ruling that the petitioners had not complied with the Subdivision Regulations of the City of Watkinsville relating to approved plats etc. Plaintiff Maynard had applied for a sewer permit for a multi-family development on Third Street in Watkinsville. When the permit was denied by the County, Maynard and the property owners (Vaughn) sued to compel the City and County to issue the sewer permit. The Supreme Court addressed the procedural deficiencies of the Complaint and did not address the question of the County Sewer Policy of providing Sewer Service for Commercial/Institutional users and not for residential development.

 


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