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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 Georgia Code 36-82-78 From Courtlistener.com

Total Results: 8

Jones v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 2024-10-31

Snippet: of such bond and the security therefor,” OCGA § 36-82-78, we have made clear that “this restriction only

Columbus Board of Tax Assessors v. Medical Center Hospital Authority

Court: Supreme Court of Georgia | Date Filed: 2017-10-16

Citation: 302 Ga. 358, 806 S.E.2d 525

Snippet: 1983 Art. IX, Sec. VI, Par. IV. See also OCGA § 36-82-78 (“[T]he judgment of the superior court confirming

Sherman v. Atlanta Independent School System

Court: Supreme Court of Georgia | Date Filed: 2013-06-03

Citation: 293 Ga. 268, 744 S.E.2d 26, 2013 Fulton County D. Rep. 1686, 2013 WL 2372192, 2013 Ga. LEXIS 493

Snippet: Const. of 1983, Art. IX, Sec. VI, Par. IV; OCGA § 36-82-78). That is the effect of a precedential decision

Sherman v. Fulton County Board of Assessors

Court: Supreme Court of Georgia | Date Filed: 2010-11-01

Citation: 701 S.E.2d 472, 288 Ga. 88, 2010 Fulton County D. Rep. 3479, 2010 Ga. LEXIS 813

Snippet: Const., Art. IX, Sec. VI, Par. IV), and OCGA § 36-82-78, the legislative implementation of the constitutional

Ferdinand v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 2009-03-09

Citation: 674 S.E.2d 309, 285 Ga. 121, 2009 Fulton County D. Rep. 751, 2009 Ga. LEXIS 83

Snippet: revenue bonds, which it did in enacting OCGA § 36-82-78. See Quarterman v. Douglas County Bd. of Commrs

Quarterman v. Douglas County Board of Commissioners

Court: Supreme Court of Georgia | Date Filed: 2004-09-13

Citation: 602 S.E.2d 651, 278 Ga. 363, 2004 Fulton County D. Rep. 2940, 2004 Ga. LEXIS 628

Snippet: such bonds and the security therefor. *653 OCGA § 36-82-78. "This court has held consistently that this statutory

Ambac Indemnity Corp. v. Akridge

Court: Supreme Court of Georgia | Date Filed: 1993-02-05

Citation: 425 S.E.2d 637, 262 Ga. 773, 93 Fulton County D. Rep. 480, 1993 Ga. LEXIS 190

Snippet: of such bonds and the security therefor. OCGA § 36-82-78 (1987). This court has held consistently that

CHARLTON DEVELOPMENT AUTHORITY v. Charlton County

Court: Supreme Court of Georgia | Date Filed: 1984-07-02

Citation: 317 S.E.2d 204, 253 Ga. 208, 1984 Ga. LEXIS 853

Snippet: been appealed. OCGA §§ 36-82-76, 36-82-77 and 36-82-78; Miller v. Columbus, 229 Ga. 234 (190 SE2d 535)