This opinion is from a closely watched case involving bond validation by a proposed plant by Rivian (an electric vehicle manufacturing plant) in Morgan and Walton Counties.
Joint Dev. Auth. of Jasper Cnty. v. McKenzie, A23A0574, 2023 WL 3142214 (Ga. Ct. App. Apr. 28, 2023)
Here’s a summary of the ruling:
The JDA and the State both allege the same enumerations of error, specifically, that the superior court erred (1) in denying validation of the bonds based on improper consideration of the Project’s economic feasibility; (2) in denying validation of the bonds because of concerns that local infrastructure costs may offset the Project’s benefits; (3) in denying validation of the bonds on the ground that the Bond Resolution waived performance audit requirements; (4) in finding that the rental agreement between the parties does not create a bailment for hire; and (5) in finding that the rental agreement does not create a usufruct. For the reasons outlined below, we affirm the superior court’s finding that the nature of Rivian’s interest in the equipment of the Project is not a bailment for hire. We reverse the superior court as to its other findings.