Brian Realty Corp. v. DeKalb County

Ruffin, Judge.

This action involves Brian Realty Corporation’s (“Brian Realty”) request for a refund of 1992 ad valorem taxes paid on property located in DeKalb County. The superior court granted the county’s motion for summary judgment and denied Brian Realty’s motion for partial summary judgment. Brian Realty appealed, and for the following reasons, we reverse.

“To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant…