Whitty et al. v. Montgomery County et al.

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Ann Whitty, Tratillia McCall, and other class-action plaintiffs filed suit against Montgomery County and Janet Buskey (in her capacity as Montgomery County Revenue Commissioner. Plaintiffs appealed the dismissal of their case by the Montgomery Circuit Court. Whitty and McCall, on behalf of themselves and a purported class of similarly situated property owners, filed suit seeking class certification of Montgomery County property owners whose properties were sold because of delinquent ad valorem taxes, where the sales produced an excess over the taxes, interest, penalties and costs due. Following discovery, a question of standing arose with regard to the class representatives. The County and the revenue commissioner moved to dismiss and/or to strike amended complaints, arguing that Whitty and McCall lacked "standing" to pursue the claims in their original complaint and, therefore, that the trial court lacked subject-matter jurisdiction over the action at its outset. Upon review, the Supreme Court affirmed the trial court's dismissal of the complaint insofar as it related to the claims alleged by Whitty and McCall. However the Court reversed the trial court's judgment insofar as it included a dismissal of the claims of the additional plaintiffs added by amendments to the original complaint. The trial court was not without subject-matter jurisdiction over claims originally alleged by McCall; therefore, the various amendments to the complaint adding additional plaintiffs were viable. View "Whitty et al. v. Montgomery County et al. " on Justia Law