CHARLESTON — A lawsuit was filed against Montana Sky alleging is deprived them of their property without due process of law.
Montana Sky, Rock Wilson and G. Russell Rollyson Jr. were all named as defendants in the suit.
Dorothy Guy deeded a remainder interest in property in November 2004 to her daughter, Cristal Miller, reserving for herself a life estate interest and Guy has a homestead exemption on the property, which she believed alleviated her from paying any taxes on the property, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Guy and Miller claim in 2017, the Lincoln County Sheriff assessed the property taxes in the amount of $7.24, but Guy did not receive a notice of tax assessment or any notification for the county and on Oct. 26, 2018, the defendant purchased the tax lien for $300.
The defendants sent notices of right to redeem, but sent them to the wrong addresses and the plaintiffs never received them.
"Plaintiffs were unaware of any of these events," the complaint states. "They had no notice and no knowledge of the application for a deed resulting from the actions in concert of Montana Sky and Wilson, nor of any need to redeem the Property. Had they received notice of the application and their redemption rights, Plaintiffs had the financial ability to pay the lawful redemption amount and would have done so immediately."
The plaintiffs claim the were denied meaningful opportunity to redeem their real property and retain legal title of the property.
The plaintiffs are seeking compensatory damages. They are represented by Bren J. Pomponio of Mountain State Justice.
U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00381
