Sherman v. City of Atlanta

Summary

The Georgia Supreme Court dismissed an appeal from a judgment validating the City of Atlanta's proposed tax allocation district bond issuance. The court held that the appellants failed to present competent evidence that they were Georgia citizens and Atlanta residents, prerequisites for becoming parties under the Revenue Bond Law. Because they were not proper parties in the trial court, they lacked standing to appeal.

Holdings

1. Under OCGA § 36-82-77 (a), a person seeking to become a party to a bond validation proceeding must prove that he or she is a Georgia citizen and a resident of the governmental body issuing the bonds. Because appellants presented no competent evidence of those facts, they failed to carry their burden of proving standing.
2. A person who was not a proper party to the bond validation proceeding under OCGA § 36-82-77 (a) lacks standing to appeal the trial court's judgment.
3. A court must determine whether a litigant has standing before adjudicating the merits of the litigant's claims or objections.
4. When citizenship or residency is disputed at a bond validation evidentiary hearing, allegations in a pleading, an unadmitted verification, and counsel's rejected statements in place do not substitute for competent evidence such as admitted exhibits or testimony subject to cross-examination.

Questions Presented

1. Whether appellants established that they were Georgia citizens and residents of Atlanta, as required by OCGA § 36-82-77 (a), to become parties to the bond validation proceeding.
2. Whether persons who failed to establish standing to become parties in the trial court had standing to appeal the bond validation judgment.
3. Whether the appellants' verified objection, counsel's statements, alleged taxpayer status, judicial notice, failure to file a formal answer, or judicial estoppel established standing or excused the failure to present competent evidence.

Disposition

dismissed