BEAUMONT – In 2016, the Ninth Court of Appeals reinstated a civil case against Jefferson County alleging wrongful foreclosure of a tax sale.
Two years later, Charles Kirkwood is still fighting the county in court.
Kirkwood filed suit against W. Properties LLC and Jefferson County in Jefferson County District Court on Nov. 12, 2013.
Kirkwood, the owner of a property located at 2356 Briarcliff Drive in Beaumont, filed a writ of review after his property was allegedly sold at a sheriff’s sale without adequate notice.
The county previously filed motions to dismiss for lack of standing and for lack of jurisdiction, which were granted.
Two years ago, Kirkwood filed a pro se appeal with the Ninth Court, seeking injunctive relief to prevent the county from denying him possession of his real property.
Justices reversed the trial court and remanded the case for further proceedings, finding that while Kirkwood may not be able to maintain a suit for damages against the county, he can maintain a suit for equitable relief based on an alleged deprivation of his property without due process.
In March, Kirkwood filed another notice of appeal stemming from the trial granting the county’s plea to the jurisdiction.
On May 1, justices abated the appeal because Kirkwood cannot afford the court fees.
The trial court will determine his ability to afford payment of court costs.
The appeal will be reinstated on May 21.
Case background
In January 2012, the county filed suit to collect overdue property taxes but named Sara Gleason, the previous owner, as the defendant.
Kirkwood acknowledges that his property taxes were in arrears but says he was never notified that the house would be put up for sale, since Sara Gleason was the named defendant in the lawsuit.
Kirkwood claims that in August 2010 the property was sold without his knowledge to W. Properties LLC.
Kirkwood says Jefferson County should have known he was the owner of the property because it was titled in his name, and they should have notified him about the lawsuit and the sale. Instead, Kirkwood claims he found out about the sale when W. Properties LLC asked him to vacate.
Kirkwood wanted to void the sale and get his property back.
He originally asked the court to vacate the judgment, void the Writ of Execution and grant an injunction to stop W. Properties from taking any more steps to remove Kirkwood from the property.
Judge Donald Floyd, 172nd District Court, is presiding over the case in the trial court.
Trial case No. E194-967
Appeals case No. 09-18-00115-CV