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NATIONAL HEALTH NETWORK v. FULTON COUNTY

Nos. S98G0155, S98G0408.

514 S.E.2d 422 (1999)

270 Ga. 724

NATIONAL HEALTH NETWORK, INC. v. FULTON COUNTY et al. DeKalb County et al. v. Brian Realty Corporation.

Supreme Court of Georgia.

Reconsideration Denied April 1, 1999.

Attorney(s) appearing for the Case

W. Wheeler Bryan, Scott Mason Dixon, Marie B. Hannon, Law Office of W. Wheeler Bryan, Atlanta, for National Health Network, Inc.

Thomas Monroe Mitchell, Richard A. Carothers, Carothers & Mitchell, LLC, Buford, for DeKalb County et al.

Jacqueline S. Groover, Thomas Arthur Cox, Jr., Vernitia Averett Shannon, Atlanta, for Fulton County et al.

Thomas L. Hawker, Hunter, MacLean, Exley & Dunn, P.C., Atlanta, for Brian Realty Corporation.

FLETCHER, Presiding Justice.

The property owners in these cases both filed an action seeking a property tax refund under OCGA § 48-5-380. In the DeKalb County case, Brian Realty challenged the tax assessor's failure to consider conditions attached to the property's zoning in assessing value; in the Fulton County case, National Health Network challenged the county's failure to consider the property's existing use. The...

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