West Virginia Record

Tuesday, July 23, 2019

Monongalia County Commission sued by taxpayers for property tax levy

By Kyla Asbury | Jul 7, 2010

MORGANTOWN -- Eighty-one taxpayers are suing the Monongalia County Commission to reverse the property tax levy.

The April 20 Levy Order does not comply with West Virginia Code, according to a complaint filed June 1 in Monongalia Circuit Court.

The 81 taxpayers claim the Monongalia County Commission's conduct at the levy rate hearing was not in compliance with West Virginia Code and that after hearing objections, the Commission did not respond and instead read a letter from the State Auditor and proceeded to pass the tax levy.

Because West Virginia Code authorizes the Commission to "ascertain the fiscal condition of the county" and to "make an itemized statement setting forth" only the expenses Monongalia County must pay during the current fiscal year, and since the Commission had not included any Capital Outlay expenses, it did not comply with West Virginia Code, according to the suit.

The taxpayers are seeking for the Court to grant a writ of supersedeas to stop the Commission from expending and/or obligating funds not authorized. They are being represented by John B. Brooks.

Monongalia Circuit Court case number: 10-C-378

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