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Class Action Suit Filed Against Joppa-Maple Grove

Class Action Suit Filed Against Joppa-Maple Grove
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By West Kentucky Star Staff
Jun. 21, 2017 | JOPPA, IL
By West Kentucky Star Staff Jun. 21, 2017 | 11:12 AM | JOPPA, IL
A class action lawsuit has been filed against the Joppa-Maple Grove School District, Massac County's Treasurer/Collector, and Clerk by property owners within the school district of alleged overcharging of property taxes for nearly the past decade.

The 25-page lawsuit alleges both past and present county officials have not been correctly collecting property tax money for the Joppa-Maple Grove school district since at least 2008, and the district has known about it for at least the past two years.

At issue is a referendum passed in 2000 regarding the Property Tax Extension Limitation Law.  The suit states tax payers have been overcharged in excess of $1.25 million over the course of the past decade, which has gone to the school, due to the non-enforcement of the referendum.

According to Illinois' state statutes, PTELL is designed to limit the increases in property tax extensions (total taxes billed) for non-home rule taxing districts.

PTELL allows a taxing district to receive a limited inflationary increase in tax extensions on existing property, plus an additional amount for new construction. The law doesn't necessarily cap rising taxes, but slows the growth of revenues to taxing districts when property values and assessments are increasing faster than the rate of inflation. 

As for the lawsuit, it goes on to state Joppa-Maple Grove has the money to pay it back, and "on information and belief, Plaintiffs (the tax payers) allege that unless restrained, Defendant, Maple-Grove will spend the excess funds on items not essential to the operation of Joppa-Maple Grove in order to keep the excess funds from Plaintiffs."

The lawsuit says the tax payers have tried to correct the situation prior to filing a lawsuit.  They say they informed the school district and county officials of the errors made in real estate tax collection for the district.

The suit says Massac County officials and school officials acknowledge that PTELL applies to the district, but they disagree as to what action and steps need to be taken to correctly calculate real estate taxes for the school district.

The taxpayers are asking the judge to order the money in question to be placed in a "trust" for the more than 500 taxpayers impacted to eventually get their money back.  

The county's State's Attorney Office, who represents the county officials, says they cannot comment until after the hearing on Friday, and the school district attorney has also not returned our calls.

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