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AARON'S, INC. v. FOSTER

NO. 2019-CA-0443.

280 So.3d 309 (2019)

AARON'S, INC. v. Norman S. FOSTER, Director of Finance and Ex-Officio Tax Collector of Orleans Parish; Errol G. Williams, Assessor for Orleans Parish; and the Louisiana Tax Commission.

Court of Appeal of Louisiana, Fourth Circuit.

September 25, 2019.

Attorney(s) appearing for the Case

John W. Colbert , Justin P. Lemaire , STONE PIGMAN WALTHER WITTMANN L.L.C., 909 Poydras Street, Suite 3150, New Orleans, LA 70112-4042, COUNSEL FOR PLAINTIFF/APPELLANT, AARON'S, INC.

John J. Weiler , Christian N. Weiler , Reese F. Williamson , WEILER & REES, LLC, 909 Poydras Street, Suite 1250, New Orleans, LA 70112, COUNSEL FOR DEFENDANT/APPELLEE, ERROLL G. WILLIAMS, ASSESSOR FOR ORLEANS PARISH.

Brian A. Eddington , 3060 Valley Creek Drive, Suite A, Baton Rouge, LA 70808, COUNSEL FOR AMICUS CURIAE, THE LOUISIANA ASSESSORS' ASSOCIATION.

(Court composed of Judge Terri F. Love, Judge Rosemary Ledet, Judge Dale N. Atkins).

Judge Terri F. Love

This appeal arises from the plaintiff's payment of ad valorem taxes under protest. Plaintiff operates stores in the lease-to-own personal property business. Plaintiff claimed an exemption from the Orleans Parish ad valorem taxes because the personal property was being used in the homes of its customers. Plaintiff and the tax assessor filed motions for summary judgment, contending...

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