Report: Fulton County Tax Lawsuit Moved To Cobb County

By Kristal Dixon

Two cases related to Fulton County’s ability to raise its millage rate above a state-imposed cap will be reviewed by a Cobb County Superior Court Judge.

Senior Judge Grant Brantley was assigned two cases, which will review whether the state can limit the county commission’s ability to set its tax rate, according to Saporta Report.

Saporta reports the cases were moved to Cobb County earlier this week when Fulton Superior Court Judge Robert McBurney forwarded the case to Cobb Superior Court and Administrative Judge Lark Ingram. Ingram on Wednesday assigned the case to Brantley.

Another lawsuit, filed by Sandy Springs attorney Robert Procter on behalf of his wife, alleges the tax increase is illegal and would force Fulton Tax Commissioner Aurthur Ferdinand to take any revenue from the increase in taxes and distribute that money back to taxpayers, Saporta Report states.

Republican State Representatives Jan Jones of Milton, Harry Geisinger of Roswell, Lynne Riley of Johns Creek, Joe Wilkinson of Atlanta, Chuck Martin of Alpharetta and Wendell Willard of Sandy Springs have all filed a lawsuit against Fulton County to prevent a 17-percent tax increase. Former State Representative Edward Lindsey of Buckhead has also signed onto the lawsuit.

Fulton Commissioners earlier this month voted 4-3 to raise the millage rate to 11.781 mills from 10.211 mills. A home valued at $275,000 will pay an additional $140 in property taxes while a home valued at $375,000 would pay $263 more in taxes.

The lawmakers believe the increase violates House Bill 604, which prohibits Fulton County from raising property taxes until January 2015.