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Woodham v. City of Atlanta

The expenditure of school tax funds is limited under Art. VIII, Sec. IV, Par. 1 a and b of 1983 Georgia Constitution ' "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." '

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The State of Georgia instituted a bond validation proceeding under the Georgia Revenue Bond Law, OCGA § 36-82-60 et seq., to confirm and validate the issuance of City of Atlanta Tax Allocation Bonds to finance a project known as the Atlanta BeltLine Redevelopment Plan. The Atlanta Independent School System “school system”, the city of Atlanta, and Fulton County appellees herein were named as defendants in that action. Appellant John F. Woodham, a resident of Fulton County and the city of Atlanta, intervened under OCGA § 36-82-77 a and filed objections. After a series of hearings, the trial court validated the bonds and overruled Woodham’s objections, including a claim that the BeltLine Plan proposal violates Art. VIII, Sec. VI, Par. I of the 1983 Georgia Constitution, known as the Educational Purpose Clause. Woodham appeals in Case No. S07A1309.

On the day prior to the initiation of the bond validation action, Woodham preemptively filed a petition for declaratory judgment challenging the issuance of the bonds. The trial court dismissed the declaratory action based on its determination that the bond validation petition was the exclusive forum for adjudication of Woodham’s claims. Woodham appeals that ruling in Case No. S07A1566.

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