Residents of the City of LaGrange filed a putative class-action lawsuit contending the City charged excessive utility charges for electric, gas, water, and sewer. They argue the charges constituted illegal taxes designed to raise general revenues in excess of the cost of services.
The trial court dismissed the action on the grounds that it did not have authority under the Georgia Constitution to rule on the City’s utility charges.
The residents claimed that the judiciary could not review the City’s charges because the Constitution generally prohibits the General Assembly from “regulating or fixing such charges,” and they argue, “a judge can’t do what the General Assembly can’t do.” The trial court agreed and dismissed the residents’ lawsuit.
The Supreme Court disagreed with the scope of the constitutional limitation. The limitation applies to the legislature’s authority to fix utility charges — not the judiciary. Therefore, the prohibition could not affect the trial court’s ability to review the City’s
Hollis v. City of LaGrange, — Ga. –, S24A0963, 2024 WL 5048735 (Dec. 10, 2024)
