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McIntosh County
Tax Refund Settlement

Settlement Publication Date: December 5, 2022

 Mary A. Bailey v. McIntosh County 

 Property Tax Refund Suit 

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The Settlement Administrator has created this webpage in connection with the case styled Mary A. Bailey v. McIntosh County, Georgia, Civil Action Number SUV2021000009 ("The Lawsuit") settled in the Superior Court of McIntosh County, Georgia. The details of the settlement, including a list of refunds, have been published below "Settlement Publication," and there are deadlines set for filing claims of which you should be aware. If this is your first time visiting this site, you may want to scroll down to "Background Information" to learn about the history of this Class Action.

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Settlement Publication

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The Category 1 and Category 2 refund lists may be found below, along with the forms you may need. (Note: There is no need to file a claim form if your name appears on the Category 1 refund list.)

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Background Information

The Lawsuit alleged that the County assessed and collected ad valorem taxes based on the incorrect application of the McIntosh homestead exemption for county and school taxes found in Georgia Law (see House Bill 382 and House Bill 450 governing Homestead Exemptions in McIntosh County). The Lawsuit alleged that taxpayers receiving a Homestead Exemption were overcharged on their property taxes for the property tax digest years 2016 through 2020.

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The Court has not decided in favor of Named Plaintiff or McIntosh County. Instead, both sides have agreed to a Settlement. A copy of the [Proposed] Consent Judgment may be found by clicking on the "Feb 8, 2022," hyperlink below. Other selected copies of pleadings, orders, and documents related to the Lawsuit and the Settlement may be downloaded and viewed by clicking on one of the other hyperlinks below.

 

Pursuant to the Final Order, as signed by the Judge, the Settlement Administrator has prepared and published on this website a list of all taxpayers who are owed refunds ("Settlement Publication"). The list falls into two categories: Category 1 will be those taxpayers who still own the same property now as they did during 2016 - 2020. Category 2 will be those taxpayers who no longer own the same property. (Please refer to question 8 in the Full Notice for additional information).

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If you are a Category 1 Class Member, the Settlement Administrator will arrange for your refund to be mailed to you without the need for you to take any further action.

 

If you are a Category 2 Class Member, a Claim Form will be mailed to your last known mailing address. If you do not receive that Category 2 Claim Form, you may download it from this website (see above). In either case, if you are listed as a Category 2 Class Member, you will need to follow the directions on the Claim Form, certifying that you are the same taxpayer for which the refund has been calculated. You will have sixty (60) days from the above Settlement Publication date to return the Claim Form. Refer to Questions 8 and 14 in the Full Notice for additional information.

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Any taxpayer who believes they have been omitted from the refund list posted on this website can download and complete a Missing Class Member Claim Form. The Claim Form has been posted on this website (see above.) The Claim Form must be filed within 45 days of the Settlement Publication date. Be sure to follow the instructions on the Claim Form. Refer to Question 10 in the Full Notice for additional information.

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Taxpayers on the list that disagree with the amount of the refund will need to file an objection giving their reasons for believing the amount is incorrect. A form for filing such an objection has been posted to this website (See above.)

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Taxpayers may keep abreast of the Lawsuit by bookmarking this page.
 

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  • Full Notice Regarding the Lawsuit
     

  • Jan 29, 2021 - Named Plaintiff's Class Action Complaint

  • Jan 29, 2021 - Motion to Certify Suit as Class Action

  • Jan 29, 2021 - Plaintiff's Memorandum of Law In Support of Motion to Certify Suit as Class Action

  • Apr 29, 2021 - First Amended Motion to Certify Suit as Class Action

  • Apr 29, 2021 - Named Plaintiff's Supplemental Memorandum of Law in Support of First Amended Motion to Certify Suit as Class Action and Reply to Defendant's Opposition to Motion to Certify Suit as Class Action

  • Apr 29, 2021 - Named Plaintiff's First Amended Class Action Complaint

  • Jul  12, 2021 - Named Plaintiff's Motion for Partial Summary Judgment

  • Jan 13, 2022 - Joint Motion and Supporting Memorandum of Law for Preliminary Approval of Class Action Settlement, Preliminary Certification of Settlement Class, Approval of Notice Program and to Schedule Final Approval Hearing

  • Jan 24, 2022 - Preliminary Approval Order

  • Feb   8, 2022 - [Proposed] Consent Judgment on Aggregate Refund and Order

  • Mar 31, 2022 - Application for Attorney Fees, Reimbursements of Expenses, and Service Award to Class Representative, with Memorandum of Law in Support

  • Apr 29, 2022 - Joint Motion and Supporting Memorandum of Law for Final Approval of Class Action Settlement

  • Apr 29, 2022 - (Proposed) Order on Attorney's Fees and Costs and Service Award

  • Apr 29, 2022 - Supplemental Memorandum in Support of Application for Attorney's Fees, Reimbursement of Expenses, and Service Award to Class Representative

  • May 5, 2022 - Final Approval Order and Judgment

  • May 5, 2022 - Order on Attorney's Fees and Costs and Service Award

  • May 5, 2022 - [Proposed] Consent Judgment on Aggregate Refund and Order

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For more information, you may go to McIntosh County Website by clicking here.

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