Judge tells Atlanta to cough up College Park’s tax money

Unclear how much cash city would have to pay if ruling stands

The Georgia Court of Appeals ruled last week that the city of Atlanta may have to repay College Park millions of dollars worth of taxes it improperly collected at Hartsfield-Jackson International Airport.

At issue are occupational taxes Atlanta collects from businesses inside the airport that are actually in the city limits of College Park. In 2007, Atlanta sued after College Park announced its intentions of collecting the taxes.

According to Steve Fincher, attorney for College Park, Atlanta will have to repay the city all improperly collected taxes from 2005 until now.

Chief Judge Ellington wrote in the decision:

After a hearing on the parties’ cross-motions for partial summary judgment, the trial court determined that only College Park is authorized to levy, assess, and collect an occupation tax on businesses operating at the airport within its city limits. The trial court also determined that only College Park is authorized to impose and collect taxes on the sale, storage, and distribution of alcoholic beverages at the airport within its city limits. Accordingly, the trial court granted a declaratory judgment in favor of College Park on these issues.

It’s not clear how much money Atlanta will have to pay College Park. Maybe the city found a good use for the cash it’ll save after overhauling pensions?