Legal Opinion

Partnership Housing Affordable to Society Everywhere, Inc. v. Decatur County Board of Tax Assessors

Court of Appeals of Georgia

Decided November 16, 2011No. A11A1462Published

1Opinion of the Court

Smith, Presiding Judge.

Following a bench trial, the Partnership Housing Affordable to Society Everywhere, Inc. (“PHASE”) appeals from the superior court’s decision to uphold the denial of an ad valorem tax exemption to PHASE. PHASE contends the trial court erred by concluding that it does not qualify for a tax exemption under OCGA § 48-5-41 (a) (4). For the reasons set forth below, we affirm.

OCGA § 48-5-41 (a) (4) provides that “ [a]ll institutions of purely public charity” shall be exempt from all ad valorem property taxes. In order to qualify as an institution of “purely public charity”…

2Cases cited6 opinions

  1. York Rite Bodies of Freemasonry v. Board of EqualizationSupreme Court of Georgia · 1991
  2. Nuci Phillips Memorial Foundation, Inc. v. Athens-Clarke County Board of Tax AssessorsSupreme Court of Georgia · 2010
  3. Board of Equalization v. York Rite Bodies of FreemasonryCourt of Appeals of Georgia · 1993
  4. Board of Tax Assessors v. Baptist Village, Inc.Court of Appeals of Georgia · 2004
  5. Fulton County Board of Tax Assessors v. Visiting Nurse Health System of Metropolitan Atlanta, Inc.Court of Appeals of Georgia · 2002

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