Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tax Sale Set Aside topic
No spam. Unsubscribe anytime.
County attorney advises chancery court review after petition to set aside 2022 tax sale
Summary
A petitioner asked Washington County supervisors to set aside a 2022 tax sale for a property claimed by South Delta. County attorney recommended denying immediate board action and letting chancery court resolve notice and purchaser-rights disputes; the board followed that advice, with one recorded no vote.
A petitioner asked the Washington County Board of Supervisors on March 2 to set aside a 2022 tax sale for a parcel the petitioner says was not properly noticed. The request prompted an extended legal discussion about notice requirements, statutory duties and the rights of a purchaser at the sale.
County Attorney Griffin told the board the question involves competing statutory duties and interested parties, and recommended that the board not vacate the sale itself. "I recommend for that they deny or or take no action and allow them to go to chancery," Griffin said, urging judicial resolution so all parties — owner, lienholders and the tax-sale purchaser — can be given notice and a hearing.
That recommendation followed the clerk's representation that the party identified as South Delta had paid taxes for later years after being notified; the petitioner said they did not receive timely notice of the 2022 sale. Supervisors debated whether the clerk's failure to give timely notice warranted administrative relief by the board or whether the chancery court is the proper forum for a post-sale dispute involving a purchaser who paid the taxes at sale.
Board members noted past practice in which the county sometimes allowed chancery-court processes to proceed rather than setting aside sales administratively, citing concerns about additional attorney fees and ensuring all affected parties are before the court. After discussion the board voted to follow the attorney's recommendation to take no board action and allow chancery court consideration; the motion carried with one recorded nay.
The matter is now expected to proceed to chancery court unless parties reach a different agreement. The county did not announce any immediate monetary remedy; the clerk's office and the petitioner will be responsible for filing or responding to any court action.
What happens next: the petitioner may pursue relief in chancery court; supervisors and county staff said they would provide records and notices as required by the court process.
