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CITY OF ATLANTA v. HOTELS.COM

No. A07A1376.

654 S.E.2d 166 (2007)

CITY OF ATLANTA v. HOTELS.COM, L.P. et al.

Court of Appeals of Georgia.

Reconsideration Denied November 13, 2007.

Attorney(s) appearing for the Case

Pope, McGlamry, Kilpatrick, Morrison & Norwood, Charles N. Pope, R. Timothy Morrison, Powell Goldstein, John R. Bielema, Jr., Jerry L. DeLoach, Atlanta, for appellant.

Bondurant, Mixson & Elmore, Emmet J. Bondurant, Jones Day, Edward K. Smith, Atlanta, for appellees.

Susan J. Moore, Ted C. Baggett, amici curiae.

BERNES, Judge.

The City of Atlanta appeals from the trial court's dismissal of its complaint brought against 17 online travel companies1 for their alleged failure to remit hotel and occupancy taxes owed to the City. The trial court dismissed the complaint based on a lack of subject matter jurisdiction after concluding that the City could not bypass its administrative tax assessment procedures before bringing suit. For the reasons discussed...

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