McIntosh ruling reaffirmed in 28-page order

While Oconee lawyers appeal, Circuit Judge McIntosh’s ruling is reaffirmed in a 28-page formal order that grants the temporary injunction and denies the county’s motion to dismiss the case.  The formal order, prepared by plaintiff’s attorney Carpenter above McIntosh’s signature, highlights Article X (10), Section 12 of the State Constitution:  “No law shall be enacted permitting the incurring of bonded indebtedness by any county for sewage disposal or treatment, fire protection, street lighting, garbage collection and disposal, water service or any other service or facility benefitting only a particular geographical section of the county unless a special assessment, tax or service charge in an amount designed to provide debt service on bonded indebtedness or revenue bonds incurred for such purposes shall be imposed upon the area or persons receiving the benefit therefrom.”  And the order suggests the county use the bond proceeds for other lawful purposes that benefit the whole county, but not the planned sewer or wastewater services benefitting only the Southern part of the County.