Judge denies county’s motion to intervene in classification suit

A judge hearing the Saline County Assessor’s lawsuit against the Saline County Commission ruled last week against Lafayette County’s request to intervene, a published report stated.

During a motion hearing March 3 in Saline County Circuit Court, senior judge Robert Koffman rejected the request brought by attorney Dawn Boyer, who sought to have the Lafayette County Commission join the suit on behalf of Saline County’s commissioners.

According to the report, Koffman questioned Lafayette County’s timing, asking why they had waited until after last March’s decision by the Western District Court of Appeals to remand part of the case back to circuit court after it had initially been dismissed.

Boyer argued that because the court of appeals directed the lower court to re-hear arguments on whether counties of the fourth class, including Lafayette and Saline counties, should be subject to reclassification to third class if their assessed valuation requires it, Lafayette County now had a vested interest in it. After questioning, Koffman ruled against Lafayette County’s motion, saying that the county should have intervened sooner.

Koffman took under advisement a motion from the Saline County Commission’s attorneys to dismiss the commission as a named entity on the suit. He asked attorneys for both sides to file briefs within 10 days on their position on the request, which would impact who court costs are assessed to once the case is resolved.