MONTICELLO, LTD. v. CITY OF ATLANTA

No. A97A1714.

499 S.E.2d 157 (1998)

231 Ga. App. 382

MONTICELLO, LTD. v. CITY OF ATLANTA.

Court of Appeals of Georgia.

Certiorari Denied June 26, 1998.


Attorney(s) appearing for the Case

Brenskelle & Perry, David P. Brenskelle, Brock E. Perry, Lawrenceville, for appellant.

Clifford E. Hardwick IV, Lemuel H. Ward, Bernard R. Thomas, Sr., Atlanta, for appellee.


SMITH, Judge.

This appeal presents the issue of whether the City of Atlanta has the authority under its charter to impose solid waste disposal fees upon unoccupied and uninhabitable apartment units owned by appellant Monticello, Ltd. On cross-motions for summary judgment, the trial court granted the city's motion and denied that of the property owner, requiring the owner to pay the fees. The trial court based its grant of summary judgment on the language of the city...

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