Legal Opinion · Dissent

City of Atlanta v. Hotels.com, L.P.

Supreme Court of Georgia

Decided March 23, 2009No. S08G0568Published

1DissentMelton, Justice

We granted certiorari in this case specifically to determine whether the City of Atlanta’s attempt to collect hotel occupancy taxes from Hotels.com was improper because the City failed to exhaust its administrative remedies prior to filing its collection action in superior court. Under the clear law applicable to this case, the City was required to exhaust its administrative remedies, and, as a result, its current collection action is no longer viable. No remand of this case to the trial court can alter this result, and any such remand will simply defer justice by postponing this inevitable…

2Cases cited4 opinions

  1. Moss v. Central State HospitalSupreme Court of Georgia · 1986
  2. Georgia Dept. of Revenue v. Owens CorningSupreme Court of Georgia · 2008
  3. Cerulean Companies, Inc. v. TillerSupreme Court of Georgia · 1999
  4. Ethicon, Inc. v. GEORGIA DEPARTMENT OF REVENUECourt of Appeals of Georgia · 2009

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