Niskey Lake Water Works, Inc. v. Garner

Hawes, Justice,

dissenting. As recognized by the majority opinion, the proper determination of this case depends upon whether the area involved was properly annexed to the City of Atlanta. The purported annexation was had under the so-called 60 percent method provided by the Act approved March 10, 1966 (Ga. L. 1966, pp. 409, 410; Code Ann. § 69-904). This court dealt with the constitutionality of that Act in Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1 (178 SE2d 868), in which case Justice Nichols and I dissented. For the reasons set forth in that dissent, I am of the opinion that the annexation here in question was void and that the judgment of the trial court should be reversed.

I am authorized to state that Justice Nichols concurs in this dissent.