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Campbell v. State Rd. and Tolloway Auth.

The joint resolution empowering the State Road and Tollway Authority SRTA to issue up to $822 million in federal-aid highway grant anticipation revenue bonds does not violate the gratuities clause.

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The State of Georgia filed a petition to confirm and validate the issuance of Federal Highway Grant Anticipation Revenue Bonds, Series 2002 Garvee Bonds in an amount not to exceed $822 million. Rejecting a taxpayer challenge, the trial court concluded that the Joint Resolution between the State Transportation Board and State Road and Tollway Authority SRTA, which empowers the authority to issue the bonds, was not an unconstitutional contract or gratuity. The primary issue on appeal is whether the joint resolution violates the certain-contracts-prohibited clause in the Georgia Constitution.1 Because the joint resolution does not pledge the state’s credit or impose any obligation on the state to pay the authority’s revenue bonds from the state treasury, we hold that the joint resolution is not a contract prohibited by the Georgia Constitution. Therefore, we affirm the trial court’s order validating and confirming the bonds.

FUNDING FOR HIGHWAY CONSTRUCTION

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