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Park Solutions LLC v. DeKalb County Bd. of Tax Assessors

The sheriff's sale at which the appellant purchased the real property at issue was an arm's length, bona fide sale under O.C.G.A. § 48-5-2 subsection 3, and the sale price constituted the property's maximum allowable fair market value for the next taxable year.

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The issue in this appeal is whether a sheriff’s sale of certain real property was an arm’s length, bona fide sale under OCGA § 48-5-2 3 so that the sale price constituted the property’s maximum allowable fair market value for the next taxable year. Because we find that the sheriff’s sale was such an arm’s length, bona fide sale, the superior court’s ruling to the contrary was erroneous and must be reversed.

On June 4, 2013, Park Solutions, LLC bought a tract of land for $25,000 at a sheriff’s sale in DeKalb County. The sheriff’s deed provided that Mollye Devault and Robert Christopher Taylor were the owners of the property; that the owners made the deed by and through the DeKalb County sheriff, acting in his official capacity; that the sheriff conducted the sale to satisfy a default judgment of $37,796 obtained by DRST Holdings LTD; that the sale was held at the usual place for conducting sheriff’s sales in DeKalb County before the courthouse door; and that Park Solutions was the highest bidder at the public outcry.

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