Bruck v. Temple

In Bruck v. Temple, 240 Ga. 411 (240 SE2d 876) (1977), an unincorporated area of Carroll County was annexed into the City of Temple by a local annexation statute passed by the General Assembly. Residents of the area challenged the annexation on the ground that the act was unconstitutional because it did not provide for new electoral districts to represent the new residents, depriving them of the right to run for election to certain city posts. Id. at 412. The trial court denied the residents relief. Pending an appeal, the residents of Temple voted to approve the local annexation act, and the city enacted an ordinance to broaden the electoral districts to encompass the new territory. Id. at 413 (2). On appeal, the appellees raised the question of whether the appeal was moot. The Supreme Court held that although the appellants' request for injunctive relief was moot, the appellants' claim that the local act was unconstitutional from its inception "is still alive." Id. The Court went on to address that question and ultimately held that the local act was not unconstitutional. Id. 413-416 (3).