Agency properly denied film-tax credit because company did not prove its project was “fully funded”

A film-production company appealed a decision by the Georgia Department of Economic Development to deny the company’s application for a film-tax credit.  The Court ultimately sided with the Department, concluding that the company failed to show that its project had been “fully funded” at the time it applied for the credit.  Applying canons of statutory construction, the Court concluded that the phrase “fully funded,” as used in the Department’s rules, did not mean an assertion of a commitment for funding.  Rather, it meant that money must be available in an amount commensurate with the project’s budget.

Update as of 5/8/2023:  On appeal with the Superior Court of Fulton County, Docket 2021CV357702.