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MARSH v. CLARKE COUNTY SCHOOL DIST.

No. S12A1568.

732 S.E.2d 443 (2012)

MARSH v. CLARKE COUNTY SCHOOL DISTRICT et al.

Supreme Court of Georgia.

October 15, 2012.

Attorney(s) appearing for the Case

James J. Thomas, II , Ichter Thomas, LLC, Atlanta, for appellant.

Jay D. Bennett , Nowell Donald Berreth , Alston & Bird, LLP, Atlanta, Terrell W. Benton, Jr. , Hall, Booth, Smith & Slover, Athens, for appellee.

THOMPSON, Presiding Justice.

This is a mandamus action in which a taxpayer seeks a writ requiring a school district to return "excess proceeds" collected pursuant to an educational sales and use tax approved by referendum. The superior court denied the writ, the taxpayer appealed, and we affirm.

In 2001, voters in the Clarke County School District approved a one percent educational sales and use tax (ELOST) for a period of five years beginning immediately...

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