In the case of Georgia Power Company v. City of Decatur, the Supreme Court was tasked with determining whether or not a city had the right to regulate and control utility rates within its jurisdiction. The Georgia Power Company challenged an ordinance passed by the City of Decatur which set new rates for electricity that were lower than what they wished to charge. The company argued this violated their Fourteenth Amendment rights as it deprived them of property without due process and denied them equal protection under law. However, in 1929, the Supreme Court ruled against Georgia Power Company stating that cities have broad powers to regulate utilities operating within their boundaries for public interest purposes including setting reasonable rate structures.

In the dissenting opinion for Georgia Power Company v. City of Decatur, it was argued that the majority's decision to uphold a city ordinance requiring utility companies to bury their power lines underground at their own expense was unjust and unconstitutional. The dissenting justices believed that this requirement constituted an unlawful taking of private property without just compensation, in violation of the Fifth Amendment. They contended that while cities have broad powers to regulate utilities for public safety or aesthetic reasons, they cannot force these companies to bear all costs associated with such regulations without providing fair compensation or demonstrating a clear public necessity. Furthermore, they expressed concern about potential economic impacts on utility providers and customers alike if such ordinances were allowed to stand unchallenged.