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BRIAN REALTY CORP. v. DeKALB COUNTY

No. A97A1330.

493 S.E.2d 595 (1997)

229 Ga. App. 185

BRIAN REALTY CORPORATION v. DeKALB COUNTY et al.

Court of Appeals of Georgia.

November 5, 1997.

Attorney(s) appearing for the Case

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

Carothers & Mitchell, Richard A. Carothers, Thomas M. Mitchell, Buford, Boyce, Ekonomou & Atkinson, John E. Underwood, Lilburn, Jonathan A. Weintraub, Decatur, Lee W. Fitzpatrick, Duluth, for appellees.

RUFFIN, Judge.

This action involves Brian Realty Corporation's ("Brian Realty") request for a refund of 1992 ad valorem taxes paid on property located in DeKalb County. The superior court granted the county's motion for summary judgment and denied Brian Realty's motion for partial summary judgment. Brian Realty appealed, and for the following reasons, we reverse.

"To prevail at summary judgment under OCGA §...

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