Brown v. Wright

203 S.E.2d 487, 231 Ga. 686, 1974 Ga. LEXIS 1190
CourtSupreme Court of Georgia
DecidedFebruary 8, 1974
Docket28690
StatusPublished
Cited by6 cases

This text of 203 S.E.2d 487 (Brown v. Wright) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Wright, 203 S.E.2d 487, 231 Ga. 686, 1974 Ga. LEXIS 1190 (Ga. 1974).

Opinions

Ingram, Justice.

The appellees are citizens and taxpayers in Fulton County, who filed a petition for declaratory judgment in the Superior Court of that county attacking "the validity of Act No. 229, Ga. L. 1973, p. 475, on the ground that the Act is repugnant to the Constitution of the State of Georgia.” Appellees sought injunctive relief against the appellant Fulton County Commissioners, to prevent them "from crediting the tax bills of Fulton County’s taxpayers as mandated by the Act” and also sought relief against the appellant State Revenue Commissioner "from certifying and authorizing the disbursement of funds under the Act.”

The case was heard by the trial court on appellees’ prayer for preliminary injunctive relief and on appellants’ motion to dismiss the complaint. After consideration of the issues in the case, the trial court entered an eight-page order, containing findings of fact and conclusions of law, in which the trial judge concluded the Act was unconstitutional and appellees were entitled to injunctive relief. A motion was made by appellants in the trial court to grant supersedeas and stay the injunction during the pendency of appeal but the motion was denied.

[687]*687The issues presented for decision in this appeal are urgent and compelling public issues affecting the entire state and, therefore, on motion of appellants, the appeal of the case has been accelerated procedurally for this court to consider the case on its merits as expeditiously as possible after hearing from all parties.

A number of issues have been argued orally and in the briefs of the parties. In our view, it is unnecessary to decide all of these issues as a determination of only two questions are dispositive of the case. They are: whether the issues in the case are moot as to the 1973 funds appropriated under the Act, and whether the Act itself is constitutional.

Ga. L. 1973, p. 475, known as Act No. 229 of the General Assembly, authorizes the grant of state funds "to aid in the construction of county roads and maintenance thereof,” to the counties of the state, upon each county’s providing a property tax credit in accordance with formulas prescribed in the Act. The entirety of the Act will not be set out herein since pertinent provisions of it necessary for a decision on the issues presented will be discussed in this opinion.

I.

Ga. L. 1973, pp. 1353, 1372, contain the General Appropriations Act for fiscal year 1974, known as Act No. 704. It grants an appropriation of Fifty Million Dollars to the 159 counties of Georgia for the purposes provided in Act No. 229. However, the Act appropriating the Fifty Million Dollars was not attacked or ruled upon in the trial court. The order of the trial court, appealed from in this case, was signed December 31, 1973, and filed on January 2, 1974, enjoining the appellants from further implementing, utilizing or enforcing only Act 229 and declaring that Act unconstitutional. According to facts recited in the appellants’ brief, "As of the 31st day of December, there were 127 counties for which Act 229 grants had been approved, and those counties have issued individual tax bills reflecting the credit. As of that same date, those 127 counties had received grant checks totaling $43,054,587 or approximately 86.11 per cent of the total $50 Million to be granted by the State. Also, as of that date Fulton County had collected $65,416,008.95 of ad . valorem taxes and had allowed $4,915,325.89 of tax credits under the Act.”

II.

The first question for decision to which we turn relates to the $50 Million Dollar grant appropriated for the current fiscal year in Act No. 704. As noted, no attack or ruling was made upon it — only upon the companion statutory authority for the grant, [688]*688contained in Act No. 229. It is evident that the State Revenue Commissioner prior to the trial court’s order had already completed the acts required of him in order to implement Act No. 229 for the current fiscal year (July 1, 1973 to July 1, 1974) with respect to a large majority of the counties throughout the state. State appropriations are now made on an annual basis — from July 1st to July 1st each year. This means that on July 1st of each year the State Fiscal Authorities have to distribute monies for the ensuing fiscal year pursuant to statutory direction from the General Assembly. As a result, one who seeks to stop an annual appropriation must move with some alacrity in order to make a timely attack. It is too late to wait until midyear to enjoin an appropriation already substantially disbursed pursuant to an Act of the General Assembly. Therefore, we hold the injunction as directed to the Revenue Commissioner does not deal with a viable issue as to 1973 funds since the issue of restraining his completed actions is a moot question. With regard to Fulton County, it is also clear that the equitable issue here is likewise moot as to 1973 funds. Fulton County, as of the date of the trial court’s order, had collected $65,416,008.95 of ad valorem taxes and had allowed $4,915,326.89 of tax credits under Act 229. Even though some collections remain to be made and a small percentage of State funds remains to be paid out, the issues raised by this case as to the 1973 disbursements are moot. See Scott v. Sherwood Memorial Gardens, 214 Ga. 25, 26 (102 SE2d 556); Hapeville-Block, Inc. v. Walker, 204 Ga. 462, 464 (50 SE2d 9); Shurley v. Black, 156 Ga. 683 (2 a) (119 SE 618).

III.

The major issue presented in this appeal is whether Act No. 229 is an Act within the power of the General Assembly of Georgia. Is this legislative enactment for the grant of funds to the counties containing the condition precedent attached thereto, authorized by the Constitution? We conclude that it is authorized for the reasons hereafter given.

Act No. 229, despite its length, merely grants state monies for specific purposes to the counties of this state upon a stated condition. The Act provides, in its caption and content, that the grant of state funds made by the Act is for county road construction and maintenance. Art. VII, Sec. IX, Par. IV (b) of the Constitution of Georgia (Code Ann. § 2-6204 (b)) states: "An amount equal to all money derived from motor fuel taxes [689]*689received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Acts passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditures of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph.

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Cite This Page — Counsel Stack

Bluebook (online)
203 S.E.2d 487, 231 Ga. 686, 1974 Ga. LEXIS 1190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-wright-ga-1974.