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Fulton County Bd. of Assessors v. Greenfield Inv. Group LLC

The trial court had subject matter jurisdiction to issue $7,628 attorneys' fee award to appellee in its tax appeal against county board of assessors for 2009 assessment of real property at issue.

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Fulton County Board of Assessors appeals the award of $7,628 in attorney fees and expenses to Greenfield Investment Group, LLC. The Board of Assessors argues Greenfield was not authorized to initiate the tax appeal in which the fees were awarded and that the amount of fees awarded was not reasonable. We find that Greenfield’s appeal was authorized and that the superior court did not abuse its discretion in determining the amount of fees to award. We therefore affirm. In May 2009, Greenfield became owner of record of the property at issue. It paid the 2009 property taxes under protest, and appealed the 2009 assessment. The Board of Equalization reduced its valuation of the property from $121,400 to $77,900.

In April 2010, Greenfield initiated an appeal of the reduced amount in the superior court and included a claim for attorney fees. The Board of Assessors certified the appeal to the superior court. In that certificate, the Board listed “Banks of New York as Trustee” rather than Greenfield as appellant, because the bank was the trustee of a trust that had owned the property on January 1, 2009.

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