Avery v. Georgia

The issue this case presented to the Supreme Court centered on the superior court's validation of a $3.6 million bond, known as the Paulding County Airport Authority Revenue Bond. The Airport Authority and Silver Comet, a commercial aviation company leasing a large portion of the airport terminal for twenty years, entered into a separate agreement regarding the expansion of the airport taxiway. The agreement did not, eliminate the County's obligation to pay principal and interest on the issued bonds. The Airport Authority unanimously approved a resolution authorizing the issuance of the bond. This meeting occurred at the Airport Authority's regular meeting place and was open to the public. A portion of the meeting, however, was conducted in executive session. It appeared from the record that the bond was approved prior to the beginning of the executive session. At another meeting, the Airport Authority supplemented the bond proposal through a supplemental resolution and ratified all of its prior actions. Anthony Avery and Susan Wilkins (collectively Avery) were allowed to intervene and raise opposition to the bond. Among other things, Avery contended the bond violated both the Debt Clause and the Lending Clause of the Georgia Constitution. The trial court disagreed, and entered an order validating the bond. Avery appealed this ruling. But finding no reversible error, the Supreme Court affirmed. View "Avery v. Georgia" on Justia Law