HERON LAKE II v. LOWNDES COUNTY BD.

S16A0691.

791 S.E.2d 77 (2016)

HERON LAKE II APARTMENTS, L.P. et al., v. LOWNDES COUNTY BOARD OF TAX ASSESSORS.

Supreme Court of Georgia.

Decided: September 12, 2016.


Attorney(s) appearing for the Case

Edward Fowler Preston , Coleman Talley LLP, P.O. Box 5437, Valdosta, Georgia 31603-5437, for Appellant.

Henry R. Chalmers , Jeffrey Clayton Adams , Jennifer Lynne Shelfer , Arnall Golden Gregory, LLP, 171 17th Street, N.W., Suite 2100, Atlanta, Georgia 30363-1031, for Amicus Appellant.

Anthony Ashley Rowell , Jennifer Dorminy Herzog , Hall Booth Smith PC, 1564 King Road, Tifton, Georgia 31793, Kimberly Anne Reid , Gardner, Willis, Sweat & Goldsmith, P.O. Drawer 71788, Albany, Georgia 31708-1788, for Neutral Amicus.

Walter Gus Elliott, II , William Gus Elliott, II , Elliott, Blackburn & Gooding, PC, 3016 North Patterson Street, Valdosta, Georgia 31602, for Appellee.


This is an appeal by the owners of residential rental properties in Lowndes County from a final order of the superior court declaring that OCGA § 48-5-2 (3) (B.1),1 which excludes low-income housing income tax credits from consideration for the purpose of assessing ad valorem tax, is unconstitutional...

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