Newman v. Boart of County Commissioners

Briscoe, J.:

Defendants Phillip and Dorothy Kissling appeal a summary judgment setting aside a tax foreclosure sale in favor of plaintiff Michael A. Newman, the alleged owner of the property who had not received notice of the tax foreclosure proceeding. It is undisputed that Newman’s interest in the property was not of record. We reverse after concluding that, although the county was involved in a prior suit which quieted title in third parties subject to Newman’s right to redeem, any knowledge garnered from that prior suit was not sufficient to require the county either to inquire regarding…