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2018 Georgia Code 36-82-78 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 3 REVENUE BONDS

36-82-78. Effect of judgment of validation.

If no appeal is filed within the time prescribed by law or if an appeal is filed and the judgment is affirmed on appeal, the judgment of the superior court confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive against the governmental body upon the validity of such bonds and the security therefor.

(Ga. L. 1937, p. 761, § 14; Ga. L. 1966, p. 48, § 3.)

Law reviews.

- For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).

JUDICIAL DECISIONS

Constitutionality.

- See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942).

Conclusiveness of validation judgment.

- Judgment of the superior court validating revenue bonds under the Revenue Bond Law (O.C.G.A. Art. 3, Ch. 82, T. 36), unexcepted to, or affirmed on review, is conclusive against the municipality and the citizens of the municipality upon all questions, including the constitutionality of the statute under which the proceedings are had. Cox v. Georgia Educ. Auth., 225 Ga. 542, 170 S.E.2d 240 (1969).

Validation judgment regarding revenue bonds for a county's acquisition of a hospital, which had been found to be illegal, was nonetheless conclusive because the judgment had not been appealed and sale of the revenue bonds could not be enjoined. Turpen v. Rabun County Bd. of Comm'rs, 251 Ga. App. 505, 554 S.E.2d 727 (2001).

Hospital authority's leasehold interest in a continuing care retirement facility was public property exempt from ad valorem taxation under O.C.G.A. § 48-5-41(a)(1); an earlier, unappealed superior court bond validation order found that it was a public project within the scope of the Hospital Authorities Law, O.C.G.A. § 31-7-70 et seq., and this finding was final and binding. Columbus, Ga. Bd. of Tax Assessors v. Medical Ctr. Hosp. Auth., 338 Ga. App. 302, 788 S.E.2d 879 (2016).

Validation order conclusive on intergovernmental contract's legitimacy.

- See AMBAC Indem. Corp. v. Akridge, 262 Ga. 773, 425 S.E.2d 637, cert. denied, 510 U.S. 817, 114 S. Ct. 69, 126 L. Ed. 2d 38 (1993).

Action not barred as collateral attack.

- Taxpayer's petition seeking a declaration that the valuation method a county board of assessors and the development authority of the county used for leasehold estates arising from a local development authority sale-leaseback bond transaction was illegal was not barred for being a collateral attack on concluded bond validation proceedings because the challenge to the memoranda of agreement that set forth the tax assessment formula at issue would only constitute a prohibited collateral attack on a concluded bond validation proceeding if the memoranda were specifically adjudicated in the proceedings and held valid by the bond judgment, and the board and authority had to put forth evidence that the applicable bond validation orders did in fact expressly rule upon each memorandum of agreement. Moreover, even if the taxpayer was barred from challenging the tax agreements on concluded bond transactions, the taxpayer also sought an injunction to prohibit the use of the formula in future bond agreements. Sherman v. Fulton County Bd. of Assessors, 288 Ga. 88, 701 S.E.2d 472 (2010).

Validation not conclusive as to tax exemption as public property.

- Two bond validation orders pertaining to a hospital authority's establishment of a continuing care retirement center did not conclusively determine, for purposes of O.C.G.A. § 48-5-41(a)(1)(A), that the property was public property exempt from ad valorem taxation; remand was required for the trial court to address taxability. Columbus Board of Tax Assessors v. Medical Ctr. Hosp. Auth., 302 Ga. 358, 806 S.E.2d 525 (2017).

Cited in Gibbs v. City of Social Circle, 191 Ga. 422, 12 S.E.2d 335 (1940); Miller v. Columbus, 229 Ga. 234, 190 S.E.2d 535 (1972); Ferdinand v. City of Atlanta, 285 Ga. 121, 674 S.E.2d 309 (2009); Sherman v. Atlanta Indep. Sch. Sys., 293 Ga. 268, 744 S.E.2d 26 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, § 373 et seq.

Cases Citing O.C.G.A. § 36-82-78

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Sherman v. Fulton Cnty. Bd. of Assessors, 701 S.E.2d 472 (Ga. 2010).

Cited 38 times | Published | Supreme Court of Georgia | Nov 1, 2010 | 288 Ga. 88, 2010 Fulton County D. Rep. 3479

...[Cit.]"). Finally, the dissent contends that the present action is barred because it amounts to a collateral attack on concluded bond validation proceedings which is proscribed by Georgia law. See Ga. Const. of 1983, Art. IX, Sec. VI, Par. IV; OCGA § 36-82-78; Quarterman v....
...he conveyance and lease that were adjudicated valid in the bond validation proceeding). The Georgia Constitution requires that there be "incontestable and conclusive" validation of revenue bonds (1983 Ga. Const., Art. IX, Sec. VI, Par. IV), and OCGA § 36-82-78, the legislative implementation of the constitutional requirement, "prevents any collateral attack by the county, county residents, or taxpayers who had proper notice of the validation proceedings but chose not to intervene." Ambac Indem....
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Ambac Indem. Corp. v. Akridge, 425 S.E.2d 637 (Ga. 1993).

Cited 15 times | Published | Supreme Court of Georgia | Feb 5, 1993 | 262 Ga. 773, 93 Fulton County D. Rep. 480

...med on appeal, the judgment of the superior court confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive against the governmental body upon the validity of such bonds and the security therefor. OCGA § 36-82-78 (1987)....
...interest on the bonds. [2] *775 Because the validation proceedings followed the statutory procedure, the superior court's validation order of December 1, 1988, is conclusive on the validity of the contract between the county and authority. See OCGA § 36-82-78....
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Charlton Dev. Auth. v. Charlton Cnty., 317 S.E.2d 204 (Ga. 1984).

Cited 13 times | Published | Supreme Court of Georgia | Jul 2, 1984 | 253 Ga. 208

...utory notice of the validation proceedings. All of the issues regarding the tax levy agreements which the County attempts to raise, could have been asserted therein, and any adverse judgment could have been appealed. OCGA §§ 36-82-76, 36-82-77 and 36-82-78; Miller v....
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Columbus Bd. of Tax Assessors v. Med. Ctr. Hosp. Auth., 302 Ga. 358 (Ga. 2017).

Cited 7 times | Published | Supreme Court of Georgia | Oct 16, 2017 | 806 S.E.2d 525

...We granted the petition for certiorari to review that holding and now reverse the decision of the Court of Appeals. 2. Analysis Bond validation decisions are “incontestable and conclusive.” Ga Const, of 1983 Art. IX, Sec. VI, Par. IV. See also OCGA § 36-82-78 (“[T]he judgment of the superior court confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive against the governmental body upon the validity of such bonds and the security therefor.”)....
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Quarterman v. Douglas Cnty. Bd. of Commissioners, 602 S.E.2d 651 (Ga. 2004).

Cited 7 times | Published | Supreme Court of Georgia | Sep 13, 2004 | 278 Ga. 363, 2004 Fulton County D. Rep. 2940

...n appeal, the judgment of the superior court confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive against the governmental body upon the validity of such bonds and the security therefor. *653 OCGA § 36-82-78....
...Rather than institute an appeal, Quarterman sought, long after expiration of the time for appeal, to mount a collateral attack on the revenue bonds and the intergovernmental contract. To the extent that he continues to challenge the bonds, such attack is proscribed by OCGA § 36-82-78....
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Sherman v. Atlanta Indep. Sch. Sys., 293 Ga. 268 (Ga. 2013).

Cited 5 times | Published | Supreme Court of Georgia | Jun 3, 2013 | 744 S.E.2d 26, 2013 Fulton County D. Rep. 1686

...eneral redevelopment projects not “ ‘necessary or incidental’ to public schools or public education” using school taxes (with the exception of any bonds that had already been validated, see Ga. Const. of 1983, Art. IX, Sec. VI, Par. IV; OCGA § 36-82-78)....
...See generally Ga. Const. of 1983, Art. IX, Sec. VI, Par. IV (“The General Assembly shall provide for the validation of any revenue bonds authorized and shall provide that such validation shall thereafter be incontestable and conclusive.”); OCGA § 36-82-78. The complete text of the amended Redevelopment Powers Clause is shown in an appendix to this opinion. Consistent with the trial court’s amended injunction, the school taxes related to Perry-Bolton and BeltLine TAD funding before th...
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Jones v. City of Atlanta, 908 S.E.2d 519 (Ga. 2024).

Cited 4 times | Published | Supreme Court of Georgia | Oct 31, 2024 | 320 Ga. 239

...The first excerpt contains Balla’s testimony before 6 Though “the judgment of the superior court confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive against the governmental body upon the validity of such bond and the security therefor,” OCGA § 36-82-78, we have made clear that “this restriction only attaches to those matters that are referenced and adjudicated in the bond proceedings.” Columbus Bd....
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Ferdinand v. City of Atlanta, 674 S.E.2d 309 (Ga. 2009).

Cited 2 times | Published | Supreme Court of Georgia | Mar 9, 2009 | 285 Ga. 121, 2009 Fulton County D. Rep. 751

...ctual determination. [2] This is in keeping with the language of Ga. Const. of 1983, Art. IX, Sec. VI, Par. IV, requiring that the General Assembly provide for "incontestable and conclusive" validation of revenue bonds, which it did in enacting OCGA § 36-82-78....