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Melissa Stanfordv.City Of Atlanta

CourtCourt of Appeals of Georgia
Docket No.A21A1004
DecidedSeptember 27, 2021
Reporter308 Ga. 265
JudgesCourt of Appeals of Georgia
Tags
CivilTax LawGovernment LawClass ActionCivil ProcedureStatutory InterpretationReversal
Case Summary

Melissa Stanford brought an individual and proposed class action challenging Atlanta’s annual commercial-property frontage fees as illegal taxes rather than reasonable charges for solid-waste services. The trial court dismissed the complaint because Stanford had not attached certified copies of the relevant ordinances. The Court of Appeals of Georgia reversed and remanded. It held that the pleading was not subject to dismissal on that ground and that the allegations—that the City did not provide the asserted services and that the mandatory fees exceeded the reasonable cost of the services—required consideration of the specific facts. The trial court was directed to address those issues in the first instance.

Opinion

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