Legal Opinion

Athens-Clarke County Board of Tax Assessors v. Nuci Phillips Memorial Foundation, Inc.

Court of Appeals of Georgia

Decided November 4, 2009No. A09A1480PublishedCited by 3 opinions

1Opinion of the Court

Smith, Presiding Judge.

The Athens-Clarke County Board of Tax Assessors appeals from the trial court’s order granting exemption from ad valorem taxation to the Nuci Phillips Memorial Foundation, Inc. under OCGA § 48-5-41. For the reasons set forth below, we reverse.

OCGA § 48-5-41 (a) (4) provides that “[a]ll institutions of purely public charity” are “exempt from all ad valorem property taxes in this state.” In York Rite &c. v. Bd. of Equalization &c., 261 Ga. 558 (408 SE2d 699) (1991), the Georgia Supreme Court clarified the factors that must be present for an organization to qualify as an…

2Cases cited2 opinions

  1. York Rite Bodies of Freemasonry v. Board of EqualizationSupreme Court of Georgia · 1991
  2. Cobb County Board of Tax Assessors v. Marietta Educational Garden Center, Inc.Court of Appeals of Georgia · 1999

3Cited by3 opinions

  1. Nuci Phillips Memorial Foundation, Inc. v. Athens-Clarke County Board of Tax AssessorsSupreme Court of Georgia · 2010
  2. Nuci Phillips Memorial Foundation, Inc. v. Athens-Clarke County Board of Tax AssessorsSupreme Court of Georgia · 2010
  3. Nuci Phillips Memorial Foundation, Inc. v. Athens-Clarke County Board of Tax AssessorsSupreme Court of Georgia · 2010

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