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Jackson County files legal challenge against State Tax Commission

9/5/2024

 
Jackson County has filed a legal challenge against the State Tax Commission's (STC) August order to roll back ​2023 assessments to current levels or a 15% increase from the “last” assessment, whichever is less. In most cases, this means rollback to the 2021 assessment level plus 15%. In a small percentage of cases, it means rollback to the 2022 assessment level (to capture new construction) plus 15%.

Jackson County states in a September 4th release that the order is "filled with factual inaccuracies, is both unprecedented and dangerously politicized. It was issued on the same day the Attorney General won his August primary election. Notably, the STC dropped its lawsuit against the County the very next day, just before the Attorney General's scheduled deposition concerning potential ethical violations."
 
The County also argues that if implemented, the order "would undermine fair and accurate property assessments and jeopardize the essential services that residents rely on daily".
 
The County's petition to the court argues that the State Tax Commission's order (PDF of petition follows at the end of this article):
 
1. Violates Missouri’s State Constitution (paragraph 109)
2. Goes beyond the agency's legal authority (paragraph 126)
3. Is not backed by actual evidence (paragraph 144)
4. Is illegal and was issued improperly (paragraph 156)
5. Is unjust and unreasonable (paragraph 169)
7. Shows an abuse of authority (paragraph 181)
 
Jackson County is asking the court to overturn the STC’s order, declare it unconstitutional, illegal and unenforceable, and take any other necessary actions to prevent the order from being enforced.
 
"We believe the State Tax Commission's order is not only misguided and dangerous, but also violates state law and constitutional standards,” Jackson County Executive Frank White, Jr. said in a release. “This legal challenge is about ensuring that the assessment process remains fair, transparent and in line with the law. We are committed to defending our procedures and the work that has been done."
 
The September 4th release announcing the filing states that properties in Jackson County have been inaccurately and inconsistently valued for decades, leading the STC to repeatedly direct the County to increase valuations in accordance with state law requirements, including during the 2021 reassessment. The release further states that in response, the County invested significant effort, time and resources to comply, including bringing in outside experts to help with the 2023 reassessment.
 
“State law requires properties to be assessed at their true market value, which we've worked hard to achieve,” County Assessor Gail McCann Beatty said. “While the process has been challenging, it's essential for a fair and just tax system. This effort ensures that everyone in Jackson County is treated equitably, regardless of where they live, who they know or how much their home is worth.”
 
"The financial stability of our schools, fire districts and cities is critical to our ability to provide essential services to our residents,” said County Administrator Troy Schulte. “This filing is not just about the legalities—it’s about safeguarding the resources that support our schools, public safety and community programs. We are determined to defend against this order to protect the future of our County.”
 
A copy of the County’s petition is provided below as a PDF document. 
petition.pdf
File Size: 203 kb
File Type: pdf
Download File

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