PETITION FOR THE REMOVAL OF MEMBERS OF THE FULTON COUNTY BOARD OF ASSESSORS
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Pursuant to O.C.G.A. § 48-5-296, we, the undersigned freeholders of Fulton County, petition the Judge of the Superior Court of Fulton County to receive evidence and order the removal from office of E. GAYLE BARNETT, BRANDI HUNTER, SALMA H. AHMED, and DILLON H. FRIES, members of the Fulton County Board of Assessors (“Members”), and to declare a vacancy in the office.
With respect to the Tax Year 2017 assessment of real property the Members are not properly and impartially discharging their duties and are discriminating in favor of certain citizens or classes of citizens and against others, as follows:
- The Members failed to assess residential properties based upon their fair market value as defined by O.C.G.A. § 48-5-2(3);
- The Members failed to properly base valuations upon the existing zoning of the property, existing use of same, and deed restrictions impacting uses of the property, in violation of O.C.G.A. § 48-5-2(3)(B)(i) and (ii);
- The Members failed to properly base valuations upon bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property, in violation of O.C.G.A. § 48-5-2(3)(B)(iv);
- The Members failed to assess residential properties uniformly, in violation of the Constitutions of the State of Georgia and United States;
- The Members failed to ensure the staff appraisers use the Appraisal Procedures Manual, which appraisal staff are required to utilize. See Spell v. Blalock, 243 Ga. 459 (1979); O.C.G.A. § 48-5-269.1; and
- The Members failed to see that fair market values as between individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer’s proportionate share of taxes, in violation of O.C.G.A. § 48-5-306(a).
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