Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 36-82-81 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-82-81 Case Law from Google Scholar Amendments to OCGA 36-82-81

TITLE 36 LOCAL GOVERNMENT

Chapter 82 information not found

ARTICLE 3 REVENUE BONDS

36-82-81. Procedure when district attorney or Attorney General fails to file petition.

When a governmental body passes a resolution for the issuance of revenue bonds and notice is duly served upon the district attorney or the Attorney General under the authority of such governmental body, for the purpose of securing a judicial validation of such bonds and the security therefor, but the district attorney or Attorney General fails to proceed within the time specified in Code Section 36-82-75, it shall be competent for such governmental body to represent such facts in writing to the court and to represent further that the failure has been without fault on the part of the governmental body. In such case, it shall be the duty of the court and he shall have the power and authority to inquire into the facts and, upon being satisfied that the failure has not arisen from any fault or neglect on the part of the governmental body, to pass an order authorizing and directing the district attorney or Attorney General to proceed within ten days to file the petition authorized by Code Section 36-82-75. Thereafter, the proceedings shall be had in the same manner as would have been followed had such petition been duly and promptly filed in the first instance.

(Ga. L. 1937, p. 761, § 17.)

JUDICIAL DECISIONS

Constitutionality.

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

Court authorized to grant leave to file when city without fault in original failure to file.

- When the failure to file a validation petition within the requisite 20-day period is not because of the fault or negligence of the municipality, on application of the municipality in writing and upon a showing of such fact the superior court is authorized to order the solicitor general (now district attorney) to file such petition within 10 days thereafter. State v. Smallwood, 103 Ga. App. 400, 119 S.E.2d 297 (1961).

Intervention seeking validation denial for nonconformity with law not subject to dismissal.

- Intervention filed by a resident and taxpayer of the municipality proposing to issue revenue bonds which seeks to have the validation denied and the proceedings dismissed because such petition was not filed in conformity with such laws is not subject to demurrer (now motion to dismiss). State v. Smallwood, 103 Ga. App. 400, 119 S.E.2d 297 (1961).

RESEARCH REFERENCES

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Securities and Obligations, §§ 358, 360, 379, 380.

C.J.S.

- 64A C.J.S., Municipal Corporations, § 2173.

API Error: Request was throttled. Expected available in 5 seconds.

No results found for Georgia Code 36-82-81.