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Glynn County, GA v. Coleman

The trial court properly concluded that class actions are permissible in cases involving tax refunds under O.C.G.A. § 48-5-380 and also that class actions, in general, may assert claims for non-monetary relief.

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In these consolidated appeals, Glynn County the County appeals from orders certifying three related class actions brought by Elizabeth and J. Matthew Coleman, IV the Colemans. In each of these cases, the County asserts that the trial court erred by granting the class certification. In Case No. A15A1522, the County also asserts that the trial court should have considered and granted its motion to dismiss the class allegations in the Colemans’ complaint. For the reasons explained below, we affirm.

The record shows that the Colemans filed three class action lawsuits against the County seeking a refund of ad valorem taxes under OCGA § 48-5-380, a declaratory judgment, as well as equitable, injunctive, and mandamus relief. In Case No. A15A1522, the trial court certified four classes: 1 taxpayers for whom an exemption was miscalculated in any year between 2001 and 2007; 2 taxpayers for whom an exemption was miscalculated in 2008; 3 taxpayers for whom an exemption was miscalculated in 2009; and 4 taxpayers for whom an exemption was miscalculated in 2010. In Case No. A15A1523, the trial court certified a class for tax years 2011 and 2012, and in Case No. A15A1524, the trial court certified a class for tax years 2013 and 2014. The County appeals from these class certification orders. In Case No. A15A1522, it also appeals from the trial court’s denial of its motion to dismiss the class allegations in the Colemans’ complaint.

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