State petitioned to validate up to $300 million in taxable revenue bonds to fund construction and development of primate breeding facility.
The Superior Court granted petition and validated bond.
Area citizens subsequently moved to intervene in the proceeding, and the State filed a motion for reconsideration or, alternatively, to set aside the bond validation order.
In its motion, the State alleged that based on new information that had recently come to his attention, the district attorney who filed the petition now believed that certain requirements for the project had not been met.
Before the trial court ruled on the motion, however, the State filed a notice of appeal from the bond validation order.
“In the appeal presently before this Court, the State asks us to vacate a bond validation order that was issued pursuant to the State’s own request. The State contends that the bond validation proceedings were improper, but the State acknowledges that at the time the trial court issued its order on the petition, the court was unaware of the deficiencies. Indeed, as the State acknowledges, the bond validation petition averred that all the requirements for a bond validation had been met.”
The Court of Appeals held that state had no basis to appeal trial court’s order, and thus, dismissal of state’s appeal of order was warranted.
State had no basis to appeal trial court’s order granting state’s petition to validate taxable revenue bonds to fund construction and development of primate breeding facility, and thus, dismissal of state’s appeal of order was warranted, where state was party who sought order.