Opponents of a 17 percent Fulton County tax rate increase wasted little time challenging it in court, filing two lawsuits within a day of its approval.
Six Republican state representatives and one former representative filed suit in Superior Court within hours of the County Commission’s decision Wednesday to approve the tax hike. They asked the court for an injunction prohibiting the county from implementing the increase, saying it violates a tax cap approved by the General Assembly last year.
“We regret having to take this action, but the Fulton County Commission voted to increase property taxes contrary to state law and property taxpayers’ best interests,” said Speaker Pro Tem Jan Jones, R-Milton. “We’re committed to upholding state law and the Georgia Constitution and protecting Fulton County taxpayers.”
In addition, Atlanta resident Teresa Proctor filed a lawsuit Thursday in the same court. She also is challenging the whether commissioners had the legal authority to raise taxes and is seeking class-action status for the litigation on behalf of all Fulton County property owners.
It’s unclear what effect the lawsuits will have on county tax bills. Fulton plans to mail tax bills Aug. 31, with payment due Oct. 15 for Atlanta residents and Oct. 31 for the rest of the county.
County Commission Chairman John Eaves, who supported the tax increase, said he was disappointed the lawmakers sued Fulton “for doing what every other city and county in this state has been allowed to do, which is to do everything a local government can do to keep itself on sound financial footing as it strives to maintain a consistent level of service to the constituents it serves.”
Eaves said commissioners “listened to extensive input from residents and took their concerns into account when members cast their votes.”
“No other county should have its rights to govern its own affairs trampled upon by outside entities,” he said.
Last year, the General Assembly approved a tax cap for Fulton – part of a flurry of legislation inspired by concerns that the county spends too much money. Opponents of tax increases say the county should cut spending to balance its budget.
The cap prohibits Fulton from raising property tax rates until 2015. After that, it requires a super-majority of commissioners (five of seven members) to approve a tax increase.
Jones, the primary author, said the legislation is based on a 1951 local constitutional amendment that grants the General Assembly broad authority over Fulton property taxes.
Fulton officials have said the cap is an illegal meddling in local affairs. Last summer – at the advice of their attorneys – commissioners repealed the tax cap law, citing their home rule authority under the state constitution.
By a vote of 4-3, commissioners Wednesday approved a 17 percent property tax increase that will cost the owner of a $275,000 house an extra $140 a year.
The lawmakers’ lawsuit asks the judge to declare the tax increase in violation of state law and the state constitution. It also seeks to prevent Fulton County from collecting the tax until the court decides the legality of the tax increase.
Joining Jones in the lawsuit are state Reps. Harry Geisinger, R-Roswell; Lynne Riley, R-Johns Creek; Joe Wilkinson, R-Atlanta; Chuck Martin, R-Alpharetta; and Wendell Willard, R-Sandy Springs. Former Rep. Ed Lindsey (R-Atlanta) also joined the lawsuit.
Proctor filed the second lawsuit Thursday. She is the wife of attorney Robert Proctor, co-founder of the Fulton County Taxpayers Foundation, who filed the lawsuit on her behalf. She’s asked the court to declare the tax hike illegal on grounds similar to the lawmakers’ lawsuit. She’s asked the court to impound the additional revenue generated by the tax increase and to refund illegal taxes to property owners.
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