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

One lawsuit was dismissed, not on the merits, but because the state can’t go to court on the same subject matter as a previous case because it was dismissed with prejudice.

That previous case was a trial in June. Attorney General Andrew Bailey filed suit claiming the assessment was illegal. But days into the trial, Bailey asked to dismiss the case because, he said, an order from the State Tax Commission fixed it.

The commission ordered Jackson County to correct the 2023 assessment and ordered that assessment increases be limited to 15 percent for 2023 and 2024.

“There’s a principle in the law known as ‘res judicata’ that basically says you can’t get two bites out of the same apple,” explains Greg Allsberry, chief counsel for the state Tax Commission.

Allsberry said the state was forced to file a second lawsuit after the order because Jackson County refused to comply. “The Jackson County judge thought … I had two bites of the apple.”

WHAT’S NEXT

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

“Significantly, the court did not rule that the State Tax Commission’s order regarding the 2023 property tax assessments is invalid,” Allsberry said. “The Commission’s order is still a valid order despite Jackson County’s refusal to comply. The Commission will continue to do everything in its power to implement its assessment order.”

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

There is a joint action against the county action. It is yet another legal avenue with the same arguments that the recent assessment was erroneous and illegal. The class action lawsuit claims thousands of Jackson County property owners are still waiting to be heard in court.

“I think it’s important to note that the court did not find that the State Tax Commission’s order was invalid, nor did it find that the increases of more than 15 percent were legal,” Jonathan Soper said in a statement. He is the attorney representing the taxpayers in the class action

costume. “These issues have not yet been decided. By filing counterclaims against the county, Humphrey, Farrington & McClain continues to press for answers to these questions, both for our clients and for all property owners in Jackson County.”

EVALUATION DEBATE

More than 55,000 appeals were filed by Jackson County taxpayers after the 2023 assessment. The state filed a lawsuit, claiming the county did not give property owners proper notices of the increase. It also argued the county failed to comply with state laws requiring inspections when the assessed value increased by more than 15 percent.

KCTV5 Investigates has done numerous reports with homeowners who described a broken process. They question whether the physical inspections were actually done and many fear they will lose their homes as a result of the assessment.

Gail McCann Beatty, county assessor, supported the assessment.

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

The county has long argued that actions against the assessment are “politically motivated.”

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