Court battle over Jackson County property taxes not over yet

JACKSON COUNTY, Mo. (KCTV) – Despite County Executive Frank White’s claims of victory, the court battles over the 2023 property tax assessment are far from over.

A case was dismissed not on the merits, but because the state was unable to go to court on the same issue as an earlier case, which was dismissed on the merits.

The previous case was a hearing in June. Attorney General Andrew Bailey filed a lawsuit claiming the assessment was illegal. However, a few days after the start of the hearing, Bailey asked for the case to be dismissed because, in his opinion, the problem was resolved by the decision of the State Tax Commission.

The commission ordered Jackson County to correct its 2023 assessment and limit assessment increases to 15% for 2023 and 2024.

“There’s a principle in the law known as res judicata, which essentially says you can’t have two bites at the same apple,” explains State Tax Commission General Counsel Greg Allsberry.

Allsberry said the state was forced to file a second lawsuit following the ruling because Jackson County refused to comply. “The Jackson County judge believed that…we bit the apple twice.”

WHAT’S NEXT?

Allsberry told KCTV5 Investigates the state disagrees with the court’s dismissal and will appeal.

“It is important that the court does not rule that the State Tax Commission’s decision regarding 2023 property tax assessments is invalid,” Allsberry said. “Despite Jackson County’s refusal to comply, the Commission’s order is still a valid order. “The Commission will continue to do everything within its authority to implement the assessment order.”

But in a separate lawsuit, Jackson County filed a legal challenge to the decision, arguing that the move was highly politicized and exceeded the agency’s legal authority.

There is a class action lawsuit challenging the district’s lawsuit. This is another legal remedy with the same allegations that the final assessment was flawed and unlawful. The class-action lawsuit alleges that thousands of property owners in Jackson County are still waiting to be heard in court.

“It is important to note that the court did not find the State Tax Commission’s order invalid or find that increases above 15% were legal,” Jonathan Soper said in a statement. Lawyer representing taxpayers in class action lawsuit

to be suitable. “These matters have not yet been decided. Humphrey, Farrington & McClain continues to pursue counterclaims against the county to find answers to these questions for both our clients and all property owners in Jackson County.”

PROBLEMIC EVALUATION

More than 55,000 objections were filed by Jackson County taxpayers following the 2023 assessment. The state filed a lawsuit, claiming the county failed to provide required notice to property owners about the increase. He also claimed the county failed to comply with state laws requiring inspections when the assessed value increased by more than 15 percent.

KCTV5 Investigates has filed multiple reports with homeowners describing a broken process. They question whether physical inspections are actually done, and many worry they will lose their homes as a result of the evaluation.

County Assessor Gail McCann Beatty stood by the assessment.

“State law requires properties to be assessed at their true market value, and we have worked hard to achieve that,” County Assessor Gail McCann Beatty previously told us. “Although the process is challenging, this is essential for a fair and equitable tax system. “This effort ensures that everyone in Jackson County is treated equally regardless of where they live, who they know, or how much their home is worth.”

The district has long argued that actions against the assessment were “politically motivated.”

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