Legal Opinion · Dissent

Chatham County Board of Assessors v. Jepson

Court of Appeals of Georgia

Decided June 19, 2003No. A03A0031Published

1DissentMikell, Judge

I respectfully dissent, for three reasons. First, the notice sent to the Jepsons fell so far short of the new “nontechnical description” requirement of OCGA § 48-5-306 (e) that an effective appeal to the board of equalization (“BOE”) was impossible. Second, a declaratory judgment action is not an equitable proceeding and is appropriate in some ad valorem tax disputes. And, third, although resolving tax questions at the local level through the appeal process created specifically for that purpose obviously is a commendable goal, it is unrealistic to pretend that the overworked BOEs, staffed by…

2Cases cited36 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  3. National Private Truck Council, Inc. v. Oklahoma Tax Comm'nSupreme Court of the United States · 1995
  4. State Farm Mutual Automobile Insurance v. MabrySupreme Court of Georgia · 2001
  5. Bentley v. ChastainSupreme Court of Georgia · 1978

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