Stewart County v. Thompson
Stewart County v. Thompson
Opinion of the Court
After taxes were returned for the year 1967, the Board of Tax Assessors of Stewart County placed a value on the property of the defendants in excess of the value returned. The defendants demanded arbitration and appointed their arbitrator; the board of tax assessors then named its arbitrator and the two arbitrators named a third arbitrator as required by the Act of 1958. (Ga. L. 1958, p. 387; Code Ann. § 92-6912). A majority of the arbitrators met and returned a value for tax purposes in an amount less than the valuation made by the board of tax assessors. Thereafter, the present petition was filed by the county authorities seeking to set aside as void such valuation by the arbitrators. The basis of the county’s claim is that no notice was given to the county authorities as to when the arbitration would take place, that they were not given an opportunity to appear and present sworn testimony, and that the valuation found by the arbitrators was so low as to show an abuse of the power, duty and discretion given them. The trial court heard evidence and entered a judgment denying the prayers of the plaintiff’s petition. It is from this judgment that the plaintiffs appeal and enumerate as error such judgment because the hearing as to value did not comply with due process and the value was so low as to such property as to show an abuse of discretion by the arbitrators. Held:
1. The evidence adduced before the trial court, while showing a countywide re-evaluation of all property had taken place, did not demand a finding that the valuation placed on the taxpayer’s property originally by the board of tax assessors, or the value placed by a majority of the arbitrators, was as a matter of law the correct valuation. Accordingly, the contention that a finding was demanded that the valuation placed by the arbitrators was so low as to show an abuse of power, duty and discretion is without merit.
2. The evidence as to notice of the time and place the arbitrators would meet to place a valuation on the property showed that the arbitrators did not give the tax assessors written notice, but it was shown without dispute that at the time the arbitrator appointed by the taxpayer and the arbitrator appointed by the other two arbitrators took their oaths before the chairman of the county board of tax asses
In the present case where the chairman of the county board of tax assessors waived the right to be present when the arbitrators met to fix the value of the taxpayer’s property it cannot have such valuation set aside in another proceeding. The judgment denying the county’s prayers was not error for any reason assigned.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.