Rich v. State of Ga.

227 S.E.2d 761, 237 Ga. 291, 1976 Ga. LEXIS 1472
CourtSupreme Court of Georgia
DecidedJuly 9, 1976
Docket31187
StatusPublished
Cited by22 cases

This text of 227 S.E.2d 761 (Rich v. State of Ga.) 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
Rich v. State of Ga., 227 S.E.2d 761, 237 Ga. 291, 1976 Ga. LEXIS 1472 (Ga. 1976).

Opinions

Undercofler, Presiding Justice.

The Georgia Residential Finance Authority (Ga. L. 1974, p. 975, as amended Ga. L. 1975, p. 1651; Code Ann. Ch. 99-36), was established by the General Assembly in order to encourage private investment in the building and rehabilitation of low income housing by providing mortgage loans at low interest rates to eligible low and moderate income borrowers. Code Ann. § 99-3602. Pursuant to its mandate, the Authority sought to issue revenue bonds, and the District Attorney of Fulton County brought this bond validation proceeding. Code Ann. § 99-3609 (o). The trial court sustained the Act’s validity, and this appeal is being prosecuted by intervenor, Lacy B. Rich, Jr., who raises numerous constitutional challenges to the Act. We affirm in part and reverse in part.

A. The Valid Portions of the Act.

1. In enumeration of error five, intervenor claims the Act is invalid because it does not serve a legitimate [292]*292public purpose. It is clear, however, that the promotion of safe, sanitary housing is a purpose cognizable by the state under the police power. See Williamson v. Housing Authority of Augusta, 186 Ga. 673 (199 SE 43) (1938); see, e. g.: West v. Tennessee Housing Development Agency, 512 SW2d 275 (Tenn. 1974); Minnesota Housing Finance Agency v. Hatfield, 297 Minn. 155 (210 NW2d 298) (1973); Maine State Housing Authority v. Depositors’ Trust Co., 278 A2d 699 (Me. 1971); Martin v. North Carolina Housing Corp., 277 N. C. 29 (175 SE2d 665) (1970).

Further, the Act specifically provides that "the development and stimulation of trade and commerce in the housing industry of this State is vital to the public welfare, creates employment opportunities and lessens unemployment and under-employment both in the home construction and real estate industry, and that an adequate supply of money with which to finance safe and sanitary dwelling accommodations for the people of Georgia is necessary to the health of the people of the State.” Code Ann. § 99-3602 (b). That this purpose is legitimate is bolstered by the Georgia Constitution itself: "The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create development Authorities to promote and further such purposes. . . ” Const., Art. VII, Sec. VII, Par. V (a) (Code Ann. § 2-6005.1). Thus, we find that the Act is a valid exercise of the police power by the General Assembly pursuant to a legitimate public purpose.

Intervenor interposes, however, that since the state may not constitutionally make loans, it can not set up an authority to do what it can not do. In so arguing, intervenor cites Mulkey v. Quillian, 213 Ga. 507 (100 SE2d 268) (1957) in which we held that the State Highway Board could not constitutionally lend money to municipalities or authorities to remove and relocate utilities located in the rights-of-way of state highways. That case, however, is distinguishable because the loan to local authorities there was to be a loan by the state of public money. Here, the funds used to carry out the [293]*293purposes of the authority are derived from the sale of the authority’s revenue bonds, and is thus private, not public, money. Code Ann. § 99-3609 (a).

Similarly, there is no merit to intervenor’s claim that Tippins v. Cobb County Parking Authority, 213 Ga. 685 (100 SE2d 893) (1951) and Beazley v. DeKalb County, 210 Ga. 41 (77 SE2d 740) (1953),1 necessarily limit the types of ventures in which a state may participate. These cases involve the establishment of authorities by a political subdivision of the state (Beazley v. DeKalb County, supra), or by the state for a political subdivision (Tippins v. Cobb County Parking Authority, supra), which are limited in their undertakings under the Constitution to certain enumerated purposes. Constitution, Art. VII, Sec. VII, Par. V (Code Ann. § 2-6005). See Daughtrey v. State, 226 Ga. 758 (177 SE2d 670) (1970). The same limitation does not apply to the state itself. This section and these cases are thus inapposite.

In enumeration seven, intervenor contends that the Authority Act violates the provisions of the Constitution, which limit the purposes for which the state may incur debt (Const., Art. VII, Sec. Ill, Par. I; Code Ann. § 2-5601), and for which the state may pledge its credit (Const., Art. VII, Sec. Ill, Par. II; Code Ann. § 2-5602). It has long been clear, however, that an authority, being an agent of the state but not the state itself, is not restricted by the state’s debt limitation in the Constitution. McLucas v. State Bridge Bldg. Authority, 210 Ga. 1 (77 SE2d 531) (1953). Nor does the debt of an authority or agency obligate the state or pledge the credit of the state as is required to be made explicit by the authority on the face of the bonds it issues. Code Ann. § 99-3610. State v. Regents [294]*294of University System of Georgia, 179 Ga. 210 (175 SE 567) (1934). This enumeration thus has no merit.

Additionally, intervenor claims in enumeration fifteen that since, in 1970, the voters refused to ratify a proposed constitutional amendment to set up an authority for a similar purpose, the General Assembly, as the representative of the people, can not now contravene that expression of the public and designate the promotion of housing a public purpose. This argument ignores the fact that the constitution and the electoral process are the only checks on the power of the General Assembly. Since we find no constitutional limitations on the power of the legislature to promote housing for low income families under its police power, we must again leave the people to express their will through their right to vote.

Having carefully considered all of intervenor’s enumerations relating to the power of the General Assembly to enact such legislation, we hold that the promotion of housing for low and moderate income families and the stimulation of the housing market to be a valid public purpose.

2. Intervenor’s first enumeration of error is a contention that the Revenue Bond Law (Code Ann. § 87-8) does not authorize the validation of the bonds the authority wishes to issue, because the authority’s purpose is not an allowable "undertaking” for which bonds may be validated under the Revenue Bond Law. Code Ann. § 87-802. The Authority Act provides that "[a]ll revenue bonds issued by the authority under this Chapter shall be executed, confirmed, and validated under, and in accordance with, the Revenue Bond Law,... except as otherwise provided in this Chapter.” Code Ann. § 99-3609 (1). (Emphasis supplied.) The manifest intent of the legislature was to adopt only the procedures set out in the Revenue Bond Law (Code Ann. ■§§ 87-814 to 87-823). In fact, that law itself makes clear that "the limitations imposed by this Chapter shall not affect the powers conferred by any other general, special, or local law.” Code Ann. § 87-825. We therefore conclude that the Georgia Residential Finance Authority Act does not violate the provisions of the Revenue Bond Law in not presenting an allowable undertaking under that law.

[295]*295Intervenor, in his second enumeration of error, presents the question whether the validation petition adequately complies with the provisions of the Revenue Bond Law, requiring that the petition set forth the amount of annual interest and when the. bonds are to be paid in full. Code Ann.

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Bluebook (online)
227 S.E.2d 761, 237 Ga. 291, 1976 Ga. LEXIS 1472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rich-v-state-of-ga-ga-1976.