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BUDLONG v. GRAHAM

Civil Action No. 1:05-CV-2910-RWS.

488 F.Supp.2d 1245 (2006)

Thomas BUDLONG, Candace Apple, Plaintiffs, v. Bart L. GRAHAM, in his individual and official capacity as Commissioner of the Georgia Department of Revenue, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

July 14, 2006.

Attorney(s) appearing for the Case

Elizabeth Lynn Littrell, Gerald R. Weber, Margaret Fletcher Garrett, American Civil Liberties Union Foundation of Georgia, Inc., Atlanta, GA, for Plaintiffs.

Chad D. Franks, Lourdes G. Mendoza, State of Georgia Law Department, Atlanta, GA, for Defendant.

ORDER

TORY, District Judge.

Plaintiffs, a purchaser and a seller of non-exempt texts, brought this action in mid-November 2005, challenging the Georgia Sales and Use Tax Code's exemption of certain religious books and papers from the otherwise mandatory sales tax. In particular, Plaintiffs challenged subsections 15(A) and 16 of O.C.G.A. § 48-8-3, which exempt from taxation:

(15)(A) . . . any religious paper in this state when the paper...

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