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ST. LOUIS RECORD

Thursday, May 2, 2024

Mo. attorney sues St. Louis County exec to help seniors get tax break

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A Missouri attorney has filed a lawsuit against St. Louis County Executive Sam Page and others, claiming he negligently implemented the Senior Property Tax Freeze program. | Pixabay

ST. LOUIS — A Missouri attorney has filed a lawsuit against St. Louis County Executive Sam Page and others, claiming he negligently implemented the Senior Property Tax Freeze program.

Page, St. Louis County and Tony L. Smee, the director of the Department of Revenue of St. Louis County were all named as defendants in the suit.

David Gregory alleged the defendants were negligent in implementing the Senior Property Tax Freeze program which was mandated by Missouri's legislature and endorsed by Governor Mike Parson.

As a former Republican State Representative, Gregory said his lawsuit underscores his determination to hold accountable those responsible for the program's delay.

Expressing frustration at the bureaucratic finger-pointing within county governance, Gregory asserts that the lawsuit aims to pinpoint the true culprits behind the program's failure to materialize.

By invoking a writ of mandamus, Gregory seeks to compel the county government to fulfill its legal obligation promptly.

"Everyone in our county government keeps pointing the finger at one another to blame someone other than themselves for their failure to enact the tax cut seniors in St. Louis County seniors were promised," Gregory said in a statement provided to The St. Louis Record. "I’m tired of it. This lawsuit calls everyone on the carpet to find out who’s truly at fault for this program not being created and implemented for our seniors. It’s either Page or the council or both. Either way, I’m going to get to the bottom of it to fight for our seniors who have been more than patient waiting for St. Louis County government to act."

Despite the county Department of Revenue's requirement for a $1.8 million annual budget allocation to facilitate program implementation, the county council has yet to approve funding or staffing, opting instead to reject prior funding proposals.

The lawsuit underscores the disparity in responsiveness, citing the swift action of jurisdictions like St. Charles County, which has successfully initiated a similar program with fewer resources and a smaller taxpayer base. 

Gregory's legal challenge asserts that the county council's prolonged delays and political posturing have inflicted tangible financial harm on eligible seniors, potentially leading to increased tax burdens.

By highlighting the failure to act despite clear precedents and feasible solutions, the lawsuit underscores the county council's responsibility for exacerbating the plight of St. Louis County's senior population.

The lawsuit was filed in St. Louis County Circuit Court. 

The lawsuit alleges that in October 2023, the St. Louis County Council passed Substitute Bill 1, amending tax provisions to introduce a Property Tax Credit for Eligible Senior Taxpayers. 

This allowed property taxes for qualified taxpayers over "retirement age" to be frozen at the rate when they reached retirement age until the property is transferred, according to the suit.

The bill mandated the Collector of Revenue to establish an application process for the tax credit starting from tax year 2024, with eligible taxpayers required to submit complete applications by June 30, 2024.

However, as of April 9, Smee claimed inadequate funding from the County Council, hindering the establishment of the application process.

Consequently, he refused to accept applications, violating the ordinance and its deadlines, the complaint states.

The Director is appointed by County Executive Sam Page, who holds responsibility for the administration of county ordinances and the appointment/removal of department directors. 

Page bears the ultimate responsibility for ensuring policy enforcement aligns with the law and constitutional rights, the complaint states.

The refusal raises questions about the County's commitment to fulfilling its obligations to senior taxpayers as mandated by law.

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