Legal Opinion

Marconi Avionics, Inc. v. DeKalb County

Court of Appeals of Georgia

Decided February 16, 1983No. 65504PublishedCited by 8 opinions

1Opinion of the Court

Birdsong, Judge.

This is an appeal from the trial court’s grant of DeKalb County’s motion to dismiss this action for refund of overpayment of property taxes. The trial court granted the motion on the ground that OCGA § 48-5-311 (e) (Code Ann. § 91A-1449) provides the exclusive procedure for challenging a property tax assessment on the ground of taxability. We reverse.

1. This action was. instituted by appellant pursuant to OCGA § 48-5-380. This enactment, which was originally codified in Code Ann. § 92-3901a et seq. (Ga. L., 1975, p. 774, § 1) and recodified as Code Ann. § 91A-1601 (Ga. L.,…

2Cases cited5 opinions

  1. Houston v. Lowes of Savannah, Inc.Supreme Court of Georgia · 1975
  2. CC LEASING CORPORATION v. Board of Tax Assessors of Hall CountyCourt of Appeals of Georgia · 1977
  3. Town of Lyerly v. ShortSupreme Court of Georgia · 1975
  4. Ellis v. MAJOR GAS & OIL COMPANY, INC.Court of Appeals of Georgia · 1980
  5. Bouy v. KileySupreme Court of Georgia · 1976

3Cited by8 opinions

  1. Gwinnett County v. Gwinnett I Ltd. PartnershipSupreme Court of Georgia · 1995
  2. Ex Parte HealthSouth Corp.Supreme Court of Alabama · 2007
  3. National Health Network, Inc. v. Fulton CountySupreme Court of Georgia · 1999
  4. Rockdale County v. Finishline Industries, Inc.Court of Appeals of Georgia · 1999
  5. Webb v. Coweta CountyCourt of Appeals of Georgia · 1986

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