City of Warner Robins v. Rushing , 259 Ga. 348 ( 1989 )

Clarke, Presiding Justice,

concurring.

I concur in the judgment of the majority and in doing so note that the lower billing for water and sewer services to the customers occurred as a result of a request by those customers to the mayor. In my view a different result might be mandated if the lower rates had been unilaterally established without a request on the part of the customer. In such a case I believe the law should not impose upon the customer the duty to inquire into the authority of the party or parties establishing the rate unilaterally. Since this is not what occurred here, I concur that no estoppel applies to the claim of the City of Warner Robins.