Sherman v. Atlanta Independent School System
293 Ga. 268
Ga.2013Background
- Georgia amended Redevelopment Powers Clause in 2008 to authorize use of school taxes for redevelopment, retroactively affecting pre-2009 approvals.
- Two TADs in Atlanta (Perry-Bolton and BeltLine) were approved in early 2000s with school tax participation and intergovernmental agreements.
- Woodham v. City of Atlanta (2008) held school taxes could not fund BeltLine redevelopment, rendering related approvals unconstitutional.
- The 2008 Amendment ratified by 2009 Redevelopment Powers Law revised the framework, allowing retroactive effect to pre-2009 approvals.
- Sherman challenged the continued validity of the approvals and various procedural steps, appealing through trial and appellate courts.
- Post-2009 amendments and injunctions addressed retroactive increments and transfer of school taxes, with ongoing litigation culminating in Supreme Court review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of 2008 Amendment on Woodham | Sherman: Woodham remains controlling; approvals unconstitutional. | Appellees: Amendment retroactively cures and validates approvals. | 2008 Amendment retroactively validates approvals; Woodham no longer controls. |
| Retroactivity of Redevelopment Powers Law | Amendment cannot breathe life into previously unconstitutional acts. | Legislative amendment authorizes retroactive effect to approvals. | Amendment authorized retroactive effect to pre-2009 approvals. |
| Validity of local charter/IGA assertions | Charter provisions and IGA execution were defective or ultra vires. | Ratification by city council cured defects; council approvals rendered valid. | Ratification cured defects; arguments fail. |
Key Cases Cited
- Woodham v. City of Atlanta, 283 Ga. 95 (Ga. 2008) (invalidated BeltLine school-tax funding under Educational Purpose Clause)
- Hammond v. Clark, 136 Ga. 313 (Ga. 1911) (constitution can be amended to authorize constitutional changes)
- Henson v. Georgia Industrial Realty Co., 220 Ga. 857 (Ga. 1965) (amendments legitimize exceptions to retroactive rules)
- Jones v. McCaskill, 112 Ga. 453 (Ga. 1900) (time of constitutionality determinations; early retroactivity principles)
- Norton v. Shelby County, 118 U.S. 425 (U.S. 1886) (unconstitutional acts confer no rights; not treating amendment context)
- Clark v. Atlanta Independent School System, 311 Ga. App. 255 (Ga. App. 2011) (interlocutory injunctions and appellate stay considerations)
- Lippincott & Co. v. Behre, 122 Ga. 543 (Ga. 1905) (ratification of agent acts by principal)
- City of Baldwin v. Woodard & Curran, Inc., 293 Ga. 19 (Ga. 2013) (ratification cured defects; contract execution authority)