Kennesaw Development Authority of the City of Kennesaw, Georgia v. Cobb County Board of Tax Assessors

• Court: Court of Appeals of Georgia
• Decided: November 3, 2015
• Docket: A16A0083
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 29, 2015

The Court of Appeals hereby passes the following order:

A16A0083. KENNESAW DEVELOPMENT AUTHORITY OF THE CITY OF KENNESAW, GEORGIA v. COBB COUNTY BOARD OF TAX ASSESSORS, et al.

The Kennesaw Development Authority of the City of Kennesaw, Georgia (“KDA”) filed both an application for interlocutory appeal and a notice of appeal from the trial court’s order granting Columns Development Company, LLC’s motion for substitution as a party plaintiff/appellant. We denied the application for interlocutory appeal. See Case No. A15I0147, denied March 27, 2015. We lack jurisdiction over the direct appeal. Because the order at issue is not a final order, it is not subject to direct appeal. Columns Development Company and Cobb County Board of Tax Assessors filed a motion to dismiss the appeal on this ground and filed a separate motion for sanctions for the filing of a frivolous appeal. The motion to dismiss the appeal is hereby GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction. The motion for frivolous appeal sanctions is DENIED.

Court of Appeals of the State of Georgia 10/29/2015 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.