Legal Opinion

Marsh v. Clarke County School District

Supreme Court of Georgia

Decided October 15, 2012No. S12A1568PublishedCited by 6 opinions

1Opinion of the Court

THOMPSON, Presiding Justice.

This is a mandamus action in which a taxpayer seeks a writ requiring a school district to return “excess proceeds” collected pursuant to an educational sales and use tax approved by referendum. The superior court denied the writ, the taxpayer appealed, and we affirm.

In 2001, voters in the Clarke County School District approved a one percent educational sales and use tax (ELOST) for a period of five years beginning immediately upon the expiration of an ELOST that had been approved in 1997. The purpose of the referendum was to provide funds to pay the cost of…

2Cases cited14 opinions

  1. Mayor of Savannah v. State ex rel. GreenSupreme Court of Georgia · 1848
  2. Talmadge v. CordellSupreme Court of Georgia · 1928
  3. Vatacs Group, Inc. v. Homeside Lending, Inc.Supreme Court of Georgia · 2006
  4. HCA Health Services, Inc. v. RoachSupreme Court of Georgia · 1994
  5. Southern Airways Co. v. WilliamsSupreme Court of Georgia · 1957

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3Cited by6 opinions

  1. Collier v. StateSupreme Court of Georgia · 2019
  2. Hasty v. CastleberrySupreme Court of Georgia · 2013
  3. KENNESTONE HOSPITAL, INC. v. EMORY UNIVERSITYSupreme Court of Georgia · 2024
  4. COWEN v. CLAYTON COUNTYSupreme Court of Georgia · 2019
  5. GEORGIA DEPARTMENT OF COMMUNITY HEALTH v. KENNESTONE HOSPITAL, INC. D/B/A WELLSTAR WINDY HILL HOSPITALCourt of Appeals of Georgia · 2022

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