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224 Ga. 693

164 S.E.2d 147

Nelson v. Wainwright

Supreme Court of Georgia

Decided October 11, 1968

Supreme Court of Georgia · decided 1968-10-11

Relies on Screws v. City of Atlanta · Morris v. City Council of Augusta · Commissioners of Chatham County v. Savannah Electric & Power Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1968-10-11

How this case has been cited

Cited by 9 later decisions — most recently April 1996

9 state decisions

401968197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Almand, Presiding Justice.

¶1 Gann Nelson, as a taxpayer and resident citizen of Taylor County, Georgia, brought a mandamus *694 action against the County Commissioners of Taylor County and Reynolds Golf Club, Inc. alleging that the county commissioners made an illegal disbursement of county funds in paying $1,762 to the Fort Valley Redi-Mix & Supply Co. for cement placed on the property of Reynolds Golf Club, Inc., and that demand had been made upon the county commissioners to collect this illegal disbursement and this demand had been refused. Plaintiff sought to compel the county commissioners to institute a suit against Reynolds Golf Club, Inc., to recover the funds allegedly illegally disbursed. The defendants filed a motion to dismiss the action for failure to state a claim upon which relief can be granted. After hearing argument of counsel, the trial court granted the defendants’ motion to dismiss. Plaintiff appeals from this order.

¶2 It is well settled that the powers of county commissioners are strictly limited by law, and they can do nothing except under express authority of law. Turner v. Johnston, 183 Ga. 176, 177 (187 SE 864). Discretion to expend public money does not extend to the appropriation of money beyond the specified purposes enumerated in the Constitution. Commrs. of Chatham County v. Savannah Elec. &c. Co., 215 Ga. 636, 637 (112 SE2d 655); Humber v. Dixon, 147 Ga. 480 (94 SE 565). Art. VII, Sec. IV, Par. I of the Georgia Constitution (Code Ann. § 2-5701) enumerates the several purposes for which a county has the power to expend county tax funds. The expenditure of tax funds to build or improve facilities upon the property of a private corporation is not among these enumerated powers.

¶3 Clearly, citizens and taxpayers of counties have such an interest as will authorize them to maintain actions to enjoin the unlawful distribution of public funds of counties. Morris v. City Council of Augusta, 201 Ga. 666, 669 (40 SE2d 710) and citations. Plaintiff’s petition seeking to require the County Commissioners of Taylor County to recover county funds which were allegedly illegally disbursed, sets forth a claim upon which relief can be granted, and the trial court erred in granting the defendants’ motion to dismiss. Screws v. City of Atlanta, 189 Ga. 839 (1) (8 SE2d 16).

¶4 Judgment reversed.

All the Justices concur.
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