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ATLANTA INDEPENDENT SCHOOL SYSTEM v. LANE

Nos. S96A0160, S96X0162 and S96A0163.

469 S.E.2d 22 (1996)

266 Ga. 657

ATLANTA INDEPENDENT SCHOOL SYSTEM et al. v. LANE. LANE v. ATLANTA INDEPENDENT SCHOOL SYSTEM et al. ATLANTA INDEPENDENT SCHOOL SYSTEM et al. v. The CITY OF ATLANTA.

Supreme Court of Georgia.

Reconsideration Denied May 10, 1996

Attorney(s) appearing for the Case

Emmet J. Bondurant, II, Jane E. Fahey, Bondurant, Mixson & Elmore, Atlanta, Amy Totenberg, Atlanta, Joseph D. Young, Holland & Knight, Atlanta, for Atlanta Independent School System.

Robert J. Proctor, Jule W. Felton, Jr., Proctor, Felton & Atkinson, Atlanta, Joseph L. Kelly, Atlanta, for Lane.

M. Hakim Hilliard, Atlanta, Paul H. Schwartz, Bondurant, Mixson & Elmore, LLP, Atlanta, in No. S96A0160.

Amy Totenberg, Atlanta, Jane E. Fahey, Paul H. Schwartz, Bondurant, Mixson & Elmore, LLP, Atlanta, Joiava Thomas, Assistant City Attorney, Atlanta, M. Hakim Hilliard, Atlanta, in No. S96X0162.

Clifford E. Hardwick, IV, City Attorney, Joe M. Harris, Assistant City Attorney, Joiava Thomas, Assistant City Attorney, Atlanta, for other interested parties.

Joe M. Harris, Assistant City Attorney, Clifford E. Hardwick, IV, City Attorney, Joiava Thomas, Assistant City Attorney, Atlanta, M. Hakim Hilliard, Atlanta, for City of Atlanta.

Heard, Leverett, Phelps, Weaver & Campbell, E. Freeman Leverett, amicus curiae.

CARLEY, Justice.

The City of Atlanta (City) and the Atlanta Independent School System (System) entered into an "Agreement For Sharing Revenue," whereby the System received an amount equal to 30% of the City's local option sales tax receipts. Mr. William Lane, in his capacity as a City resident and taxpayer, brought suit challenging the validity of this agreement and also seeking mandamus relief as to the repayment of amounts...

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