Community Bancshares, Inc. v. Secretary of State

WHITE, Judge.

I

Community Bancshares, Inc. (Banc-shares) sought a declaratory judgment and a writ of mandamus to order the Secretary of State (Secretary) to refund overpaid, franchise taxes. The circuit court dismissed the action as timed-barred by the statute of limitations and for Bancshares’ failure to exhaust available administrative remedies. We affirm on the basis of Banc-shares’ cause of action being time-barred and, consequently, need not address the issue of exhaustion of administrative remedies.

In 1998, Bancshares discovered that it had miscalculated and overpaid its franchise taxes…