City of Waycross v. Pierce County Board of Commissioners

Summary

The Georgia Supreme Court affirmed an interlocutory injunction requiring the City of Waycross to continue providing water and sewer services to property in Pierce County that had been de-annexed by legislation. The court held that the County and intervening customers presented sufficient evidence of irreparable harm, the balance of equities, a substantial likelihood of success, and the public interest, and that the service-delivery agreement could plausibly require continued service. The court also rejected challenges based on standing, municipal management discretion, constitutional limits on extraterritorial services, and alleged procedural defects.

Holdings

1. The trial court did not abuse its broad discretion in granting an interlocutory injunction to preserve the status quo while the merits were litigated.
2. Pierce County and the intervening customers had standing to seek injunctive relief against suspension of the City's water and sewer services.
3. The City's procedural objections lacked merit because the trial court held a hearing at which the City was permitted to raise and argue the objections before allowing the counterclaim and intervention to proceed.

Questions Presented

1. Whether the trial court abused its discretion by granting Pierce County an interlocutory injunction requiring Waycross to continue providing water and sewer services to the de-annexed area.
2. Whether the County and intervening customers had standing to seek injunctive relief.
3. Whether the amended counterclaim was an impermissible after-acquired counterclaim and whether the trial court improperly allowed intervention without a prior opportunity for the City to be heard.

Disposition

affirmed