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MAGBY v. CITY OF RIVERDALE

No. S10A1147.

702 S.E.2d 159 (2010)

MAGBY v. CITY OF RIVERDALE et al.

Supreme Court of Georgia.

November 1, 2010.

Attorney(s) appearing for the Case

Michael B. King, Jonesboro, for appellant.

Johnson & Freeman, Ronald J. Freeman, Union City, Insley & Race, Deana S. Johnson, Joseph R. Buller III, Atlanta, for appellees.

NAHMIAS, Justice.

In this declaratory judgment action, Cleo Magby, who runs an in-home daycare for children, seeks to invalidate City of Riverdale Code § 68-33-1, which requires every business that operates in the city to pay an annual occupation tax.1 In 2007, 2008, and 2009, the City cited Magby for violating the ordinance, and each year she belatedly paid the occupation tax. When the prosecution of the 2009 violation was pending...

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