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Jackson County v. Upper Oconee Basin Water Authority

Court of Appeals of Georgia

November 21, 2014

JACKSON COUNTY
v.
UPPER OCONEE BASIN WATER AUTHORITY

Cert. applied for.

Water supply contract. Jackson Superior Court. Before Judge Booth.

Judgment affirmed.

Balch & Bingham, Michael J. Bowers, James L. Hollis, for appellant.

Gregory M. Perry, Atkinson Ferguson, Kirby G. Atkinson, Charles M. Ferguson, Jr., Paul E. Nystrom III, for appellee.

BOGGS, Judge. Barnes, P. J., and Branch, J., concur.

OPINION

Page 489

Boggs, Judge.

This is the second appearance of this case before this court. In our previous opinion, we affirmed the denial of the Upper Oconee Basin Water Authority's (" the Authority's" ) motion to dismiss multiple claims filed by Jackson County (" the County" ). Upper Oconee Basin Water Auth. v. Jackson County, 305 Ga.App. 409 (699 S.E.2d 605) (2010) (" Oconee Basin I " ). In this case, the County appeals from the trial court's grant of the Authority's motion for summary judgment and the denial of its cross-motion for summary judgment. For the following reasons, we affirm.

It is well established that

[o]n appeal from a grant or denial of summary judgment, we conduct a de novo review of the law and evidence. In applying

Page 490

this standard of review, we view the evidence in the light most favorable to the nonmovant to determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law.

(Citation and punctuation omitted.) BAC Home Loans Servicing. v. Wedereit, 328 Ga.App. 566 (759 S.E.2d 867) (2014); ...


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