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Property abatement request put on hold after owner reports active litigation
Summary
A Pennington County property owner seeking an agricultural classification abatement was told March 4 the board cannot act because the matter is in active litigation; the State's Attorney advised the board that courts, not the commission, are the proper venue in this case.
The Board of Commissioners declined to act on an abatement request from William (Will) Cowan on March 4, telling the homeowner the matter cannot be resolved by the board while the claim is the subject of pending litigation.
Cowan told the board he believed he had followed county instructions when he renewed or filed agricultural-status paperwork in late January 2024 and that inconsistent forms and notices contributed to the dispute. He said staff later removed agricultural classification for 2024 and that he had engaged counsel and filed discovery.
Meghan Greer of the State's Attorney's Office advised commissioners that because the case is already in litigation and the county is being represented by counsel, it would be inappropriate for the board to consider an administrative abatement while the courts are addressing the dispute. A motion stating that the board is not in a position to take action because the matter is in litigation passed at the meeting.
Why it matters: the owner argued county forms and process misled him and asked for relief; county legal staff and commissioners said the proper route for resolution at this stage is judicial, and the board declined to act administratively.
Next steps: the matter will proceed through the court process. Commissioners also discussed reviewing county abatement forms and coordination with the Department of Revenue to reduce future confusion for property owners.
No fiscal impact or final abatement decision was taken by the commission March 4.
