JOHNSEN v. COLLINS

Civ. A. No. 493-225.

875 F.Supp. 1571 (1994)

Leslie K. JOHNSEN, Plaintiff, v. Marcus E. COLLINS, Sr., Individually and in his capacity as State Revenue Commissioner, and the State of Georgia, Defendants.

United States District Court, S.D. Georgia, Savannah Division.

November 22, 1994.


Attorney(s) appearing for the Case

Wayne Lee Durden, David Royce Smith, Brannen Searcy & Smith, Robert L. Jenkins, Savannah, GA, for Leslie K. Johnsen.

Michael J. Bowers, Daniel M. Formby, Atlanta, GA, Harold David Melton, State Law Dept., Atlanta, GA, for Marcus E. Collins, Sr., State of Ga.


ORDER

EDENFIELD, District Judge.

Plaintiff brought suit for declaratory relief, injunctive relief, damages, and costs against Defendant Collins and the State of Georgia. Plaintiff argues that the State's automobile title transfer fee provision, O.C.G.A. § 40-3-21.1, institutes an unconstitutional tax on new residents. Although not explicitly stated as such in the complaint, the Court construes this action as one brought under 42 U.S.C. §...

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