Section 36-65-2 - Immunity of local governments from antitrust liability

2 Citing briefs

  1. Diverse Power Inc. v. City of Lagrange, Georgia

    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

    Filed April 3, 2017

    The fact that LaGrange has elected to impose a condition on its agreement to provide 2 Notably, the language of O.C.G.A. § 36-65-2 exactly tracks (and meets) the Supreme Court’s standard articulated in Phoebe Putney—that is, “‘the challenged restraint … be one clearly articulated and affirmatively expressed as state policy.’” 133 S. Ct. at 1010 (internal citation omitted). Case 3:17-cv-00003-TCB Document 17-1 Filed 04/03/17 Page 15 of 31 10 water utility services to new construction customers located outside city limits was a foreseeable and logical result of Georgia’s statutory framework.

  2. Diverse Power Inc. v. City of Lagrange, Georgia

    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

    Filed February 10, 2017

    The fact that LaGrange has elected to impose a condition on its agreement to provide water utility services to new construction customers outside LaGrange city limits was a foreseeable and logical result of Georgia’s statutory framework. Because “we 2 Notably, the language of O.C.G.A. § 36-65-2 exactly tracks (and meets) the Supreme Court’s standard articulated in Phoebe Putney—that is, “‘the challenged restraint … be one clearly articulated and affirmatively expressed as state policy.’” 133 S. Ct. at 1010 (internal citation omitted). Case 3:17-cv-00003-TCB Document 8-1 Filed 02/10/17