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STATE BOARD OF EQUALIZATION v. TRAILER TRAIN COMPANY

41248, 41249.

253 Ga. 449 (1984)

320 S.E.2d 758

STATE BOARD OF EQUALIZATION et al. v. TRAILER TRAIN COMPANY et al.

Supreme Court of Georgia.

Rehearing Denied October 29, 1984.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Warren R. Calvert, Assistant Attorney General, for appellants.

Powell, Goldstein, Frazer & Murphy, James D. Levine, Nickolas P. Chilivis, Terrence J. Benshoof, David C. Garrett III, James R. Schulz, for appellees.

WELTNER, Justice.

The State Board of Equalization and the Department of Revenue appeal from a judgment holding that former OCGA § 48-2-18 (which provided that the Board shall be composed of three officeholders from the executive branch and two from the legislative branch) violated the separation of powers provision of the 1983 Georgia Constitution, Art. I, Sec. II, Par. III.

This constitutional issue was not raised before the agency, but on appeal to...

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