Marshall Co. Commission dismissed from negligence suit - WAFF-TV: News, Weather and Sports for Huntsville, AL

Marshall Co. Commission dismissed from negligence suit

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The trial against Masters was held in July. The trial against Masters was held in July.

The Marshall County Commission has been dismissed from a lawsuit alleging negligence by Revenue Commissioner Joey Masters.

The cases arises from the suit filed by Kenneth Downs alleging "various wrongdoings" by Masters in his duties as the county's revenue commissioner.  Downs claimed the county commission was negligent in failing to "supervise, investigate, and/or halt" Masters' actions.

Last year, Masters denied charges in an audit by the Alabama Department of Examiners of Public Accounts that he allowed a family member to claim homestead exemptions on two properties.

In the dismissal ruling Thursday, Circuit Judge Tim Riley wrote that the county commission did not have authority to supervise Masters and is dropped from the suit.

"The Revenue Department's  to supervise … county officials such as the Revenue Commissioner is not only broad but appears exclusive as well," he wrote. "Thus, the Revenue Department, rather than the County Commission, has statutory authority to … supervise and/or direct the Revenue Commissioner."

The suit is Kenneth Downs v. Joey Masters et al 50-CV-2013-900215.00 

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