Brian Realty Corp. v. Dekalb County

Full title: BRIAN REALTY CORP. v. DEKALB COUNTY et al

Court: Court of Appeals of Georgia

Date published: Apr 20, 1999

516 S.E.2d 552 (Ga. Ct. App. 1999)

516 S.E.2d 552

Opinion

A97A1330.

DECIDED: APRIL 20, 1999.

Taxation. DeKalb Superior Court. Before Judge Coursey.

Knapp Street, Halsey G. Knapp, Jr., for appellant.

Carothers Mithcell, Richard A. Carothers, Thomas M. Mitchell, Boyce, Ekonomou Atkinson, John E. Underwood, Sr., Jonathan A. Weintraub, Lee W. Fitzpatrick, for appellees.

RUFFIN, Judge.

In our decision in Brian Realty Corp. v. DeKalb County, 229 Ga. App. 185 ( 493 S.E.2d 595) (1997), we held that (1) Brian Realty had standing to challenge the assessment of ad valorem taxes; (2) the trial court erred in granting summary judgment to DeKalb County on Brian Realty's claim under OCGA § 48-5-380; (3) the trial court properly granted summary judgment to DeKalb County on Brian Realty's claim under 42 U.S.C. § 1983; and (4) there was no unconstitutional taking of Brian Realty's property.

In DeKalb County et al. v. Brian Realty Corp., 270 Ga. 724 ( 270 S.E.2d 724)(1999), the Supreme Court reversed this Court's decision with regard to Division 2, holding that the trial court properly granted summary judgment to DeKalb County on Brian Realty's claim under OCGA § 48-5-380. Accordingly, the decision of the Court of Appeals in Brian Realty, supra, is hereby vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed. Eldridge and Barnes, JJ., concur.

RUFFIN, Judge.

DECIDED APRIL 20, 1999.