Humphrey, Farrington & McClain has filed a class action lawsuit challenging Jackson County’s ability to raise assessed property values without first providing timely notice. By statute, the County must notify property owners of any increase in the assessed value of their property on or before June 15, 2023. It is not enough to post the increases on-line; the notice must be given either in-person or by mail. If you did not receive your notice on time, the County should not be raising your taxes.
Our firm has received a number of phone calls, emails, and social media messages requesting additional information about the class action. We are collecting information from individuals who want to receive updates as the case progresses at the following link: www.assessmentclassaction.com
We are also encouraging property owners, whether or not they received the necessary notice on or before June 15, 2023, to file an Appeal with the Assessment Department. You can do so online here.
What is a class action lawsuit?
In a class action lawsuit, the plaintiff brings claims on behalf of herself as well as all others similarly situated (the class). For example, if an internet provider was overcharging its customers $1.00 a month, a customer could bring a class action lawsuit on behalf of all customers who were overcharged. The filing of the class action lawsuit does not create the class. Instead, it proposes a class and asks the Judge to approve (“certify”) it.
Who is in the class?
As it stands, the lawsuit asks the Judge to certify a class consisting of the following persons: “All owners of real property in Jackson County, Missouri who, as of June 15, 2023, did not receive notice of an increase in the valuation of their real property.”
How do I know if I am in the class?
If the Judge approves the class, there will be a process for notifying class members.
What is the case seeking to accomplish?
The lawsuit seeks to invalidate all increases in assessed values for property owners who did not receive the required notice on or before June 15. The goal is to return those properties to the previously-assessed value for purposes of collecting taxes.
Will I have to pay the attorneys if I am in the class and the class action is successful?
No. We will be asking the Court to award us an attorney fee, to be paid by the Defendants.
What do I do if I am in the class?
Again, currently there is no class certified by the Court. At some point, the Judge will decide whether or not to certify a class. If and when that happens, class members will be given notice along with an explanation of their rights and options.
If I fall within the definition of the proposed class, do I still need to appeal?
It is often said that there are never any guarantees in litigation, and this includes whether or not the proposed class will be certified. Because it is not guaranteed, we are recommending that all property owners who believe they received an inaccurate, untimely, or otherwise unfair increase in the assessed value of their property to appeal, should they desire to do so.
How do I appeal my assessment?
You can find information on appealing property assessments on the Board of Equalization’s website.