O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Prior to the hearing of the case, the clerk of the superior court of the county in which it is to be heard shall publish, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of the case the same will be heard. Such publication shall be in the newspaper which is the official organ of the county in which the sheriff’s advertisements appear.
History
Ga. L. 1937, p. 761, § 12; Ga. L. 1966, p. 48, § 1.
Annotations
Law reviews. - For note, ‘‘Procedural
requirements for public approval of tax-exempt industrial development bonds under TEFRA’’, 19 Ga. St. B. J. 84 (1982).
JUDICIAL DECISIONS Constitutionality. - See Lawson v. City of Moultrie, 194 Ga. 699, 22 S.E.2d 592 (1942). Notice sufficient. - Although a scrivener’s error stated that the hearing would regard the validation of a bond issued by the county industrial building authority, because the notice made clear that it was meant to refer to a case involving the airport authority, not the industrial build-
ing authority, the notice of the bond validation hearing was sufficient as the record supported a finding of substantial compliance. Avery v. State of Ga., 295 Ga. 630, 761 S.E.2d 56 (2014). Cited in Darby v. City of Vidalia, 75 Ga. App. 804, 44 S.E.2d 454 (1947); Dade County v. State, 77 Ga. App. 139, 48 S.E.2d 144 (1948); Youngblood v. State, 259 Ga. 864, 388 S.E.2d 671 (1990).
RESEARCH REFERENCES Am. Jur. 2d. - 64 Am. Jur. 2d, Public Securities and Obligations, § 357.
C.J.S. - 64A C.J.S., Municipal Corporations, §§ 2135, 2136, 2139 et seq.
Notes of Decisions
Savage v. State of Georgia, 774 S.E.2d 624 (Ga. 2015).
· cites it 4× “See OCGA § 36-82-76 (requiring that notice informing the public of the date of the bond validation hearing be published in the official organ of the county “once during each of the two successive weeks immediately preceding the week in which the hearing is to be held”).”
Sherman v. City of Atlanta, 744 S.E.2d 689 (Ga. 2013).
· cites it 2× “A bond validation hearing is an evidentiary hearing at which “the judge of the superior court shall proceed to hear and determine all questions of law and of fact in the case and shall render judgment thereof.” OCGA § 36-82-77 (a).”
Ambac Indem. Corp. v. Akridge, 425 S.E.2d 637 (Ga. 1993).
· cites it 4× “See OCGA § 36-82-76. The advertisement satisfied the constitutional requirement of due process by giving residents and taxpayers adequate notice of the subject of the hearing and of their opportunity to be heard.”
Charlton Dev. Auth. v. Charlton Cnty., 317 S.E.2d 204 (Ga. 1984).
· cites it 2× “Yet, it is bound by the judgment validating the bonds and the security, as it had both actual knowledge and statutory notice of the validation proceedings.”
Youngblood v. State of Ga., 388 S.E.2d 671 (Ga. 1990).
· cites it 2× “Foster argues that the notice provisions of OCGA §§ 36-82-76; 36-82-77 (a) are insufficient to meet the requirements of due process.”
Cottrell Et Al. v. Atlanta Dev. Auth. Et Al., 770 S.E.2d 616 (Ga. 2015).
· cites it 2× “Notice of the proceeding was published in the Fulton County Daily Report on February 7, 2014 and *2 February 14, 2014 as required by OCGA § 36-82-76. Rev. William L. Cottrell, Sr.”
Avery v. State of Georgia, 761 S.E.2d 56 (Ga. 2014).
· cites it 2× “OCGA § 36-82-76 provides: Prior to the hearing of [a bond validation] case, the clerk of the superior court of the county in which it is to be heard shall publish, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.