Westside Heights Acquisition, LLC v. Fulton County Board of Tax Assessors
CourtCourt of Appeals of Georgia
Date FiledNovember 2, 2026
DocketA26A1550
StatusPublished
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Full Opinion
FOURTH DIVISION
MCFADDEN, P. J.,
WATKINS and PADGETT, JJ.
NOTICE: Motions for reconsideration must be
received no later than 4:30 pm on the 10th day after
the decision was issued to be deemed timely filed.
https://www.gaappeals.gov/rules
November 2, 2026
In the Court of Appeals of Georgia
A26A1550. WESTSIDE HEIGHTS ACQUISITION, LLC v.
FULTON COUNTY BOARD OF TAX ASSESSORS.
WATKINS, Judge.
After Westside Heights Acquisition, LLC, appealed a 2023 property tax
assessment, a Fulton County Board of Equalization hearing officer reduced the fair
market value of the property. Westside Heights appealed that determination to
superior court, seeking an even lower value. There, the Fulton County Board of Tax
Assessors (the “Board”) filed a motion to enforce a consent order and judgment
entered in Westside Heights’s 2022 tax appeal, arguing that Westside Heights’s 2023
tax appeal was barred by res judicata, collateral estoppel, and “public policy.” The
superior court granted the County’s motion, and Westside Heights appeals.1 For the
reasons set forth below, we affirm.
We apply a de novo standard of review to a trial court’s order on
a motion to enforce a settlement agreement. Because the issues raised are
analogous to those in a motion for summary judgment, in order to
succeed on a motion to enforce a settlement agreement, a party must
show the court that the documents, affidavits, depositions and other
evidence in the record reveal that there is no evidence sufficient to create
a jury issue on at least one essential element of the appellant’s case.2
So viewed, the record shows that in 2022, Fulton County valued a residential
apartment complex in Atlanta (the “Property”) for ad valorem taxes. Westside
Heights appealed the valuation (the “2022 appeal”), and, on June 8, 2023, the parties
executed a settlement agreement, providing:
1
Initially, the trial court only ruled that it was granting the Board’s motion to
enforce the consent order and did not expressly enter final judgment on that order.
Westside Heights appealed, but we dismissed that appeal, concluding that the court’s
“final” order enforcing the parties’ settlement agreement was not a final judgment
within the meaning of OCGA § 5-6-34(a)(1)(B). See Westside Heights Acquisition, LLC
v. Fulton County Board of Tax Assessors, Case No. A25A0892 (Aug. 18, 2025
judgment). Following remittitur, the superior court entered a final judgment, closing
the case and terminating the litigation. Westside Heights’s appeal from that judgment
is now properly before us.
2
Imerys Clays v. Washington County Bd. of Tax Assessors, 287 Ga. App. 674,
674–75 (652 SE2d 580) (2007) (citation and punctuation omitted).
2
The Parties entered mediation with a Board of Equalization value of
$90,312,600 on the subject property. The Parties hereby stipulate and
agree to the value of $76,140,000 on the subject property for tax year
2022, the value of $77,550,000 on the subject property for tax year 2023,
and the value of $81,780,000 on the subject property for tax year 2024.
The same day, the superior court entered a “Consent Final Order and
Judgment” (hereinafter, the “Consent Order”), recognizing that the parties had
entered into a settlement and compromise of their disputes. The Consent Order,
which approved and adopted the parties’ agreement, provides that the fair market
value of the Property for ad valorem tax purposes was $76,140,000 as of January 1,
2022, was $77,500,000 as of January 1, 2023, and would be $81,780,000 as of January
1, 2024. The court directed the Board to enter the agreed-upon values in all
appropriate tax records and to notify the relevant tax collecting authorities of such
values “[a]s soon as possible” after entry of the order.
On June 9, 2023, however, the day after the Consent Order was entered, the
Board issued the annual notice of assessment for tax year 2023,3 valuing the Property
at $90,312,600 based on “No Change In Fair Market Value.” According to the
3
See OCGA § 48-5-306.
3
County, the Notice of Assessment had been prepared and sent to an outside vendor
for printing and mailing two to three weeks earlier. The notice included the deadline
to file an appeal of the assessment.4
Westside Heights appealed the 2023 assessment, asserting that the Property
was worth $61,700,000. The case proceeded to a hearing before a Board of
Equalization (“BOE”) hearing officer in December 2023. The hearing officer
summarily determined the value to be $72 million, “based on information presented
by both parties and “[u]niformity.”
Although the hearing officer had significantly reduced the 2023 valuation
compared to the County’s 2023 notice of assessment, Westside Heights appealed the
decision of the BOE’s hearing officer to the superior court, requesting a fair market
value of $60,147,500.5 In response, the Board filed a motion to enforce the Consent
Order and to dismiss the 2023 tax appeal, arguing that the appeal was barred by the
doctrines of collateral estoppel and res judicata. The Board also contended that the
Consent Order should be enforced as a matter of public policy.
4
See OCGA § 48-5-311(e)(1)(A)(iii), (e.1)(1)(A).
5
See OCGA § 48-5-311(g)(1), (g)(3).
4
After hearing oral argument, the trial court announced its ruling from the
bench, stating:
There are reasons for the county to assess its own steps here. There are
reasons to kind of scratch your head and ask [your]self what one
frequently asks with regard to government: does the left hand know what
the right hand’s doing? There are many reasons to be very enthralled by
Justice Gorsuch saying that we all have the constitutional right to jump
up and complain about our taxes and that taxpayers are entitled to rely
on technicalities.[6] No, I don’t think the burden was on [Westside
Heights] to call the tax office, which in and of itself is — takes some
doing, and say, “hey, I think — I think you messed up; we owe more
money.” With all of that in mind, a deal is a deal. The court hereby ...
grants the motion to enforce the settlement agreement[.]
The court subsequently entered a final judgment and order granting the Board’s
motion to enforce the Consent Order. The court found that “[t]he parties previously
resolved issues concerning the Tax Year 2023 valuation” for the Property in the
6
In addressing the County’s public policy argument earlier in the hearing,
counsel for Westside Heights referenced the First Amendment right to petition the
government for redress, quoting a 2007 opinion by then-Judge Gorsuch: “[T]he right
... to petition the government for the redress of tax grievances — has been with us and
clearly established since the Sons of Liberty visited Griffin’s Wharf in Boston.” Thus,
based on the context, the court appears to have been referencing Van Deelen v.
Johnson, 497 F3d 1151, 1158(III) (10th Cir. 2007).
5
Consent Order entered in the 2022 tax appeal. The court formally adopted and
entered the Consent Order as the court’s judgment in the 2023 appeal. This appeal
followed.
1. Westside Heights argues that the trial court, in reaching its decision,
incorrectly applied the doctrine of collateral estoppel. Specifically, Westside Heights
contends that collateral estoppel is inapplicable because the facts and law were so
“vitally altered” between the entry of the Consent Order and the trial court’s ruling
enforcing it. We disagree.
Collateral estoppel precludes the re-adjudication of an issue that
has previously been litigated and adjudicated on the merits in another
action between the same parties or their privies. Like res judicata,
collateral estoppel requires the identity of the parties or their privies in
both actions. However, unlike res judicata, collateral estoppel does not
require identity of the claim— so long as the issue was determined in the
previous action and there is identity of the parties, that issue may not be
re-litigated, even as part of a different claim. Furthermore, collateral
estoppel only precludes those issues that actually were litigated and
decided in the previous action, or that necessarily had to be decided in
order for the previous judgment to have been rendered.7
7
Fulton County Tax Comm’r v. GMC, 234 Ga. App. 459, 465 (507 SE2d 772)
(1998) (citation and punctuation omitted).
6
And, “[a]lthough a consent judgment is brought about by agreement of the
parties, it is accorded the weight and finality of a judgment. Thus, a consent decree
is an enforceable judgment and can be accorded preclusive effect.”8
Westside Heights argues that collateral estoppel does not apply in this case
because the Consent Order has been rendered obsolete. It is true that our appellate
courts have noted the restriction on collateral estoppel recognized in the U.S.
Supreme Court’s 1948 decision in Commissioner of Internal Revenue v. Sunnen9: A prior
determination is not conclusive “[w]hen the significant facts have been ‘vitally
altered’ since the previous determination, or a change or development occurs in the
law that renders the past determination erroneous for future purposes[.]”10 However,
Westside Heights has pointed to no authority, and we have found none, suggesting
that a change in uniformity of assessment or value can be such “a subsequent
modification” of the “significant” facts as to render a determination in a consent
8
Brown & Williamson Tobacco Corp. v. Gault, 280 Ga. 420, 424 (627 SE2d 549)
(2006).
9
333 US 591, 599–600 (1948).
10
Thomas County Bd. of Tax Assessors v. Thomasville Garden Ctr., 277 Ga. App.
591, 593–94(2) (627 SE2d 192) (2006) (citation and punctuation omitted).
7
order — determining value for the specific tax year at issue — “obsolete or
erroneous” for “future purposes.”
Instead, Westside Heights cites to two Georgia appellate decisions that merely
recognized the limitations articulated in Sunnen before concluding that collateral
estoppel still applied.11 For example, in Morgan County Board of Tax Assessors v.
Vantage Products Corp.,12 the county and a seller of burial grave liners had entered into
a 2001 consent order that the burial grave liners that the seller stored until customers
redeemed them were not taxable for ad valorem purposes.13 The county again
attempted to collect ad valorem taxes in 2010, arguing that there could have been
11
See Gwinnett County Bd. of Tax Assessors v. GE Cap. Computer Servs., 273 Ga.
175, 178–79(1) (538 SE2d 746) (2000) (discussing Sunnen — which “contemplated
a situation that is ‘vitally altered’ between the times of the first and second judgment”
— before concluding that such considerations were not present); Morgan County
Board of Tax Assessors v. Vantage Products Corp., 323 Ga. App. 823, 827 (748 SE2d
468) (2013) (“We recognize that a past determination may become “obsolete or
erroneous, at least for future purposes” due to facts which are “vitally altered”
between the first and second judgment, but we do not find that to be the case here.”).
See also Thomas County, 277 Ga. App. at 594(2) (rejecting the county’s argument that
intervening case law had changed or clarified the criteria for a purely public charity to
be entitled to tax-exempt status).
12
323 Ga. App. 823 (748 SE2d 468) (2013).
13
Id. at 824.
8
substantial fact changes since the 2001 consent order, such as the seller’s accounting
methodology to track the stored vaults and the ownership of the vaults themselves.14
Even accepting that hypothesis as true, this Court held that the situation had not been
“vitally altered” and that the county was collaterally estopped from relitigating the
taxation issue.15
Here, the Consent Order specifically addressed the 2023 value of the Property,
and the record does not show that the facts were “vitally altered” such that the
Consent Order became obsolete.16 The parties agreed upon a value, and that issue may
not be relitigated.
Despite its attempt to frame its argument within the Sunnen framework, the
crux of Westside Heights’s position is that the County waived its right to enforce the
Consent Order by issuing the 2023 tax assessment the day after the Consent Order
was executed, by failing to notify the relevant tax collecting authorities of the agreed-
upon values “as soon as possible,” and by participating in the appeal before the BOE
14
Id. at 826–27.
15
Id. at 827.
16
See Morgan County, 323 Ga. App. at 827.
9
hearing officer. But Westside Heights has provided no authority to support a
determination of waiver.
Although we do not condone the County’s failure to point out the Consent
Order in the proceeding before the hearing officer, Westside Heights has not shown
that the County waived the defense of collateral estoppel. We therefore hold that the
superior court did not err in concluding that Westside Heights is barred from
relitigating the 2023 value of the Property.
2. Westside Heights also contends that the trial court erred in relying on the
doctrine of res judicata and incorrectly accepted that public policy barred the appeal.
In light of our conclusion in Division 1 that collateral estoppel bars the 2023 tax
appeal, we need not reach these claims of error.
Judgment affirmed. McFadden, P. J., and Padgett, J., concur.
10