McCray v. Cobb County

5 Citing cases

  1. Ward v. City of Cairo

    276 Ga. 391 (Ga. 2003)   Cited 10 times
    Noting there is a general rule that "the successor corporation succeeds to the rights and privileges of the constituents unless some rule of law provides otherwise"

    Because the probation process, and hence, the state court's selection of a private probation services provider, financially impacts the governing authority, it does not invade the province of the judiciary to attach such contract to the governing authority's approval. Furthermore, this statute is no more intrusive than statutory authority permitting the county to set a judge's salary, OCGA § 15-22-1 et seq., which this Court held to be constitutional inMcCray v. Cobb County, 251 Ga. 24 ( 302 S.E.2d 563) (1983). Accordingly, we conclude that OCGA § 42-8-100(f)(1) "permit[s] practical arrangements in a complex government," and therefore does not violate the separation of powers doctrine.

  2. Gwinnett Cty. Assoc. v. Gwinnett Cty. Bd., Commissioners

    302 S.E.2d 561 (Ga. 1983)

    This is an interlocutory appeal from the trial court's initial ruling that the Act is constitutional. The issues raised in the enumeration of errors have been decided adversely to the appellant association in McCray v. Cobb County, 251 Ga. 24 ( 302 S.E.2d 563) (1983), except for the allegation that a portion of the Act is void for vagueness. The part of the Act challenged on this ground is Section 9 (a) which requires the schedule of judges be drawn so that one judge be "available" at all times to issue warrants. It is contended that the word "available" is too indefinite.

  3. Small v. Chatham Cnty.

    360 Ga. App. 500 (Ga. Ct. App. 2021)   Cited 2 times

    See Ga. Const. of 1983, Art. IX, Sec. I, Par. I ("Each county shall be a body corporate and politic with such governing authority and with such powers and limitations as are provided in this Constitution and as provided by law."); Ga. Const. of 1983, Art. IX, Sec. II, Par. I (a) ("The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto...."); Ga. Const. of 1983, Art. VI, Sec. I, Par. I ("The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, state-wide business court, Court of Appeals, and Supreme Court."); McCray v. Cobb County , 251 Ga. 24, 26 (1), 302 S.E.2d 563 (1983) (recognizing judicial branch as distinct from a county). Thus, even if we were to accept Small's allegations that the Probate Court of Chatham County entered into a contract with South State Bank for her benefit, the trial court was authorized to dismiss Small's claims against Chatham County because her pleadings do not establish that there was a contract between Chatham County and South State Bank intended for her benefit.

  4. Forsyth v. Childers

    240 Ga. App. 819 (Ga. Ct. App. 1999)   Cited 3 times

    Bagwell v. Cash, 207 Ga. 222, 223 (3) ( 60 S.E.2d 628) (1950).DeKalb County v. Atlanta Gas Light Co., 228 Ga. 512, 513 (2) ( 186 S.E.2d 732) (1972); see McCray v. Cobb County, 251 Ga. 24, 27 (2) ( 302 S.E.2d 563) (1983). The question here is not whether the counties had the power to add Childers to their civil service system; this was neither the intent nor the import of the agreement between the parties. Rather, the agreement merely chose the Board as the neutral tribunal to hear and resolve the dispute.

  5. Bendiburg v. Dempsey

    692 F. Supp. 1354 (N.D. Ga. 1988)   Cited 2 times

    DeKalb County v. Atlanta Gas Light Company, 228 Ga. 512, 513, 186 S.E.2d 732 (1972). See also McCray v. Cobb County, 251 Ga. 24, 27, 302 S.E.2d 563 (1983) (county only has the powers given to it by the legislature). This is a state constitutional principle: "Each county shall [have] such powers and limitations as are provided in this constitution and as provided by law."