Lawsuit challenges library's tax rate
January 19, 2012

By Chris Mayhew

COLD SPRING A class action lawsuit has been filed against the Campbell County Public Library seeking to invalidate and roll back the library’s tax rate back to 1978 levels.

Attorney Brandon Voelker filed the class action lawsuit in Campbell Circuit Court Thursday, Jan. 19 against the library on behalf of Charlie Coleman of Alexandria, and Cold Spring area residents John P. Roth Jr. and Erik Hermes.

The suit alleges the library’s Board of Trustees has failed follow Kentucky law pertaining to library districts by not obtaining petitions from 51 percent of the voters from the last general election granting permission to increase the property tax rate.

The suit is requesting a “refund of unlawfully charged and collected ad valorem taxes,” and for a court injuction to prohibit future any future “unlawful tax increases.” The suit seeks to invalidate all library property tax increases beyond the amount of 30 cents per $1,000 of assessed property value authorized by a petition approved by voters in the 1978.

According to the suit, Campbell County property taxpayers are owed a refund of about $2.218 million “for the year 2010 alone.”

The suit alleges the library’s tax rate of 72 cents per $1,000 of assessed property value is illegal, and that the library should only have taxed property owners at the rate of 30 cents per $1,000 of assessed property value.

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