At any time prior to the final determination of a public lawsuit in the trial court or on appeal, any political subdivision which is a party to the action may petition for an order of the court that the opposing party or parties or intervenors be dismissed unless such opposing party or parties or intervenors post a bond with surety to be approved by the court payable to the moving party for the payment of all damages and costs which may accrue by reason of such opposition or intervention in the event the moving party prevails. The moving party shall obtain from a judge of the court an order requiring the opposing party or parties or intervenors to appear at such time and place within 20 days from the filing of the petition as the judge may direct and to show cause, if any exists, why the prayers of the petition should not be granted. The petition and order shall be served in the manner provided by law for the service of orders and pleadings subsequent to the original complaint. If, at the hearing of the petition on the order to show cause, the court determines that it is in the public interest to do so, the court shall set the amount of bond to be filed by the opposing party or parties or intervenors in an amount found by the court to cover all damage and costs which may accrue to the political subdivision by reason of the opposition or intervention in the event the political subdivision prevails. In the event the bond is not filed by the opposing party or parties or intervenors with surety approved by the court within ten days after the order is entered, the opposing party or parties or intervenors shall be dismissed by operation of law. Either the opposing party or parties or intervenors or the political subdivision may appeal the order under the procedure provided by law in cases of injunction. The appellate court may stay the lower court order pending its own decision, may set a bond to be filed by the opposing party or parties or intervenors in connection therewith, may modify the order of the lower court, or may enter its order as a final order in the case. In the event no bond is filed as provided in this Code section, the opposing party or parties or intervenors shall be dismissed by operation of law; and, upon final determination of the case, no court shall have further jurisdiction of any action involving any issue which was or could have been raised therein.
(Ga. L. 1969, p. 815, § 2.)
Law reviews.- For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).
JUDICIAL DECISIONS
Requirement for bond not in the "public interest."
- Trial court abused the court's discretion in requiring the intervenors to post a surety bond when meritorious claims were raised concerning whether proposed contracts met constitutional requirements for intergovernmental contracts that are not subject to the constitutional debt clause and whether a proposed project promoted the development of trade, commerce, and industry under Ga. Const. 1983, Art. IX, Sec. VI, Para. III and the Development Authority Law, O.C.G.A. § 36-62-1 et seq. Haney v. Development Auth., 271 Ga. 403, 519 S.E.2d 665 (1999).
Appeal bond properly ordered in action challenging SPLOST.
- Action challenging the validity and implementation of a special purpose local option sales tax (SPLOST) resolution passed by a county was a public lawsuit and was not meritorious; therefore, the trial court did not err in requiring the taxpayer to post a $2.1 million appeal bond under O.C.G.A. § 50-15-2. Mattox v. Franklin County, 316 Ga. App. 181, 728 S.E.2d 813 (2012).
Validation upheld.
- After a trial court required two intervenors to post a bond of $625,000 with regard to the intervenors' challenge to the public improvement bond approved by a city's building authority for a sewer project, the trial court property validated the bond by following all necessary procedural requirements and the bond did not violate Ga. Const. 1983, Art. IX, Sec. V, Para. I(a) since the city's payment for the use of the sewer project was a debt specifically authorized under the constitution pursuant to Ga. Const. 1983, Art. IX, Sec. III, Para. I(a). Berry v. City of E. Point, 277 Ga. App. 649, 627 S.E.2d 391 (2006).
RESEARCH REFERENCES
C.J.S.
- 11 C.J.S., Bonds, § 9.
ALR.- Constitutionality, construction, and application of statutes requiring bond or other security in taxpayers' action, 41 A.L.R.5th 47.