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WHITTEN FOUNDATION v. WILSON

No. 2004 CA 2454.

938 So.2d 100 (2006)

WHITTEN FOUNDATION v. Brian WILSON, in His Capacity as Tax Assessor for East Baton Rouge Parish, Louisiana; the Louisiana Tax Commission; and Elmer Litchfield in His Capacity as Sheriff and Ex-Officio Tax Collector for East Baton Rouge Parish, Louisiana.

Court of Appeal of Louisiana, First Circuit.

May 19, 2006.

Attorney(s) appearing for the Case

Thomas D. Fazio, Baton Rouge, Counsel for Plaintiff/Appellant Whitten Foundation.

Cyrus Greco, Leu Anne Lester Greco, Baton Rouge, Counsel for Defendant/Appellee Sheriff Elmer Litchfield.

Before: CARTER, C.J., WHIPPLE, PARRO, KUHN, GUIDRY, PETTIGREW, DOWNING, GAIDRY, McDONALD, McCLENDON, HUGHES, and WELCH, JJ.

PER CURIAM.

In this matter, a taxpayer challenges a trial court judgment dismissing its suit for the recovery of taxes paid under protest in the year after the taxes were assessed. For the following reasons, we affirm.

On May 6, 2003, the plaintiff, Whitten Foundation, filed a Petition to Recover Taxes Paid Under Protest against Brian Wilson, in his capacity as Tax Assessor for East Baton Rouge Parish; the Louisiana...

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