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E-LANE PINE HILLS, L.L.C. v. FERDINAND

No. A05A1761.

627 S.E.2d 44 (2005)

277 Ga. App. 566

E-LANE PINE HILLS, L.L.C. v. FERDINAND.

Court of Appeals of Georgia.

Reconsideration Denied February 13, 2006.

Attorney(s) appearing for the Case

Francis X. Moore, Atlanta, for appellant.

Bauer & Deitch, Henry R. Bauer, Jr., Vincent D. Hyman, Denval A. Stewart, Atlanta, Jennesia M. Primas, for appellee.

Proctor, Chambers & Hutchins, Robert J. Proctor, Atlanta, Bradley A. Hutchins, Adam C. Caskey, Judith A. Blackwell, Victoria, British Columbia, Heyman & Sizemore, William B. Brown, Jacqueline Marcucci, Charles R. Bliss, Brock, Clay, Calhoun, Wilson & Rogers, Carlton L. Kell, Carol A. Callaway, Atlanta, amici curiae.

PHIPPS, Judge.

After discovering that executions for unpaid taxes had been issued on a piece of property it owned in Fulton County, E-Lane Pine Hills, LLC brought this suit to enjoin Fulton County Tax Commissioner Arthur Ferdinand from selling or transferring the tax executions to third parties. E-Lane asserts that Ferdinand's authority for making such transfers was lost when OCGA § 48-3-19 was repealed. Ferdinand claims that OCGA § 9-13-36 continues to...

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