Lost Rabbit subdivision lot owner files lawsuit - MSNewsNow.com - Jackson, MS

Lost Rabbit subdivision lot owner says PID is not valid

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MADISON COUNTY, MS (Mississippi News Now) -

More on the financially troubled Lost Rabbit subdivision in Madison County.

A lot owner is questioning the legality of the Public Improvement District (PID) and the tax assessments they have to pay on top of other property taxes.

A complaint for declaratory judgment and a permanent injunction was filed January 9th by Robert and Amanda Robison and Nichols Reservoir Investments, LLC.  

They maintain the PID requirements were not met and are void, including extra assessments dating back to 2010.

The family owns Lot 32.

This lot that was not exempt from the PID assessments when scores of others were by the developers in 2008.

The lawsuit states, on April 21,2008 without a new petition or an amended petition and without any re-notice to the public or any public hearing, the Board of Supervisors in Madison County adopted a resolution which states that its purpose was to correct an error in the legal description of the Lost Rabbit PID as previously adopted by the board in 2007.

An amended ordinance excluded lots 1-3, 10-14,16-31, 33-43, 45-60, 62-104, 108-112,114-117, 119-122 of Phase 1 and lots 187, 188, 226-229, 240-245, 248-255, 260, 265-272, 274, 276, 278-281 of Phase 2.

In all, 142 lots that owners did not have to pay special assessments on which add up to tens of thousands of dollars.

Not included in the 'less and except' was lot, 32 owned by Robison, though Robison was one of the owners who had taken title to their lot prior to December 3, 2007 and never consented to the establishment of the Lost Rabbit PID.

The lawsuit is filed against the public improvement district, Allstate Insurance, Madison County officials and New Lost Rabbit, LLC.

The lawsuit says Allstate is the registered owner and holder of all the bonds issued by Lost Rabbit PID and is a necessary party in that any relief or judgment in favor of plaintiffs will have a material impact on Allstate.

Attorneys for the Robison's, specifically John Shows, had no comment.

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