These appeals stem from a class action complaint filed by John C. Clark1 against the Atlanta Independent School System “school system”, the Atlanta Development Authority “ADA”, and the city of Atlanta “City” collectively, “appellees”, challenging the use of school tax monies for non-educational purposes. Clark sought preliminary injunctive relief as well as class action certification. John S. Sherman was later added as a plaintiff. The order which appellants have directly appealed in Case No. A11A0549 denies their motion for interlocutory injunctive relief. However, appellants do not enumerate error upon the trial court’s denial of injunctive relief and instead seek to invoke this Court’s jurisdiction upon the basis that the order, in substance, granted partial summary judgment to the appellees and is therefore directly appealable.. We disagree and dismiss the appeal for lack of jurisdiction. Moreover, the appeal in Case No. A11A0550 and the cross-appeal in Case No. A11A0551 must be dismissed for the same reason. Due to their complexity, the underlying facts warrant detailed discussion. Clark filed the action in December 2008 following the Supreme Court’s decision in Woodham v. City of Atlanta .2 In Woodham , the state sought to validate the issuance of tax allocation bonds to finance the City’s BeltLine Tax Allocation District “TAD” pursuant to the Redevelopment Powers Law, OCGA § 36-44-1 et seq., in effect at that time. Woodham held that school tax monies could not be used to fund the City’s BeltLine Redevelopment Plan3 without violating Art. VIII, Sec. VI, Par. I b of the 1983 Ga. Constitution,4 which provides that “school tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes.” After Woodham was decided, the Constitution was amended to allow the use of school tax funds for redevelopment projects,5 and in 2009, the General Assembly enacted a new Redevelopment Powers Law “HB 63″, which became effective on April 22, 2009.6
Earlier, on April 8, 2009, the trial court had issued an interlocutory injunction prohibiting the school system from disbursing or spending, with respect to TADs, any property taxes previously levied for educational purposes and prohibiting the ADA from disbursing or spending any monies received on account of school taxes for the BeltLine or Perry Bolton TADs.
