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2018 Georgia Code 8-3-78 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 8-3-78 Case Law from Google Scholar Amendments to OCGA 8-3-78

TITLE 8 BUILDINGS AND HOUSING

Section 3. Housing Generally, 8-3-1 through 8-3-332.

ARTICLE 1 HOUSING AUTHORITIES

8-3-78. Remedies of obligee of an authority generally.

An obligee of an authority shall have the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

  1. By mandamus, suit, action, or proceeding at law or in equity, to compel said authority and the commissioners, officers, agents, or employees thereof to observe each and every term, provision, and covenant contained in any contract of said authority with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this article; and
  2. By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of said authority.

(Ga. L. 1937, p. 210, § 17.)

JUDICIAL DECISIONS

Right of obligee of authority to mandamus.

- Although mandamus will not lie when there is another specific legal remedy, when the statute creating the housing authority specifically provides that all real property of the authority is totally exempt from levy and sale by virtue of an execution and authorizes the authority to pledge all or any part of its gross or net rents, fees, or revenues to secure the payment of any bonds issued by it, an action upon the contract and any judgment rendered therein or execution based thereon would not afford the plaintiff an adequate remedy for the enforcement of its claim, and the obligee has the right to compel the authority by mandamus. Housing Auth. v. Ayers, 211 Ga. 728, 88 S.E.2d 368 (1955).

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