UPDATE: 5/17 @ 1:00pm
CHARLESTON, W.Va. (WSAZ) -- The state of West Virginia could be responsible for the back taxes on a building in Charleston.

During a Kanawha County Commission meeting Monday, Al Summers' attorney told commissioners when the state took over the Greenbrooke Building in Charleston, the contract stated that the state would be responsible for 70-percent of the $2.3M owed in back taxes.

The commission voted Monday to allow that lease to be added to public record.

A mediation hearing on the taxes has now been scheduled for May 27. The commission wants the state to be part of the mediation since they could have a stake in the outcome. But this isn't something the commission can force them to do.

Summers died back in February.

During a meeting Tuesday, commissioners discussed the issue, but tabled it because Al Summers, who owned Greenbrooke Associates, died two weeks ago.

Commissioners tell WSAZ.com they believe Summers misled the county about the value of the property.

A court document claims Greenbrooke Associates failed to file required business property tax returns from 1996 to 2009.

For years, commissioners say the county taxed the property near Smith Street on a value of $1.5M, but Summers sold the property last year for $10.5M.

The county says Greenbrooke Associates owes $1.3M in back taxes, but it will only collect $300,000.

The issue was tabled until April 29 to give Summers' attorneys more time to deal with the matter.