Tuesday, May 21, 2013 | 5:00 p.m.
Hi, (not you?) | Member Center | Sign Out
Posted: 6:08 p.m. Tuesday, Feb. 19, 2013
By Cornelius Frolik
The state of Ohio on Tuesday filed a motion in federal court to dismiss a lawsuit brought by the city of Riverside that seeks the right to tax certain civilian contractors who work at Wright-Patterson Air Force Base.
In the motion to dismiss, the state contends that Riverside’s lawsuit raises legal claims that are outside the jurisdiction of federal court.
The state claims that Ohio is immune from being sued over state laws in federal court and Riverside is not provided any relevant legal protection under the U.S. Constitution.
Riverside for years has sought the right to collect income taxes on civilian contractors who work in Area B of Wright-Patt. City officials said Area B is located within city limits, and people who work in the city are subject to a 1.5 percent municipal income tax.
But the Ohio Legislature in 2007 passed a law that prevents the city from collecting income taxes on Wright-Patt’s civilian employees.
Riverside sued the state in county court, claiming the law was unconstitutional and violated federal law.
The lower judge ruled in Riverside’s favor, but the state appealed the decision and the appellate court reversed the ruling. Riverside appalled to the Ohio Supreme Court, but the state’s highest court declined to hear the case.
In December, Riverside filed its second lawsuit in federal court seeking the right to tax Area B employees. City officials said they want the courts to help assist with the “correction of an error.”
© 2013 Cox Media Group. By using this website,
you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices
.
Already have an account? Sign In
{* #registrationForm *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Already have an account? Sign In
{* #registrationFormBlank *} {* registration_firstName *} {* registration_lastName *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddressBlank *} {* registration_birthday *} {* registration_gender *} {* registration_postalZip *} {* traditionalRegistration_passwordBlank *} {* traditionalRegistration_passwordConfirmBlank *} {* agreeToTerms *}We have sent you a confirmation email. Please check your email and click on the link to activate your account.
We look forward to seeing you frequently. Visit us and sign in to update your profile, receive the latest news and keep up to date with mobile alerts.
Don't worry, it happens. We'll send you a link to create a new password.
{* #forgotPasswordForm *} {* forgotPassword_emailAddress *}We have sent you an email with a link to change your password.
We've sent an email with instructions to create a new password. Your existing password has not been changed.
To sign in you must verify your email address. Fill out the form below and we'll send you an email to verify.
{* #resendVerificationForm *} {* resendVerification_emailAddress *}Check your email for a link to verify your email address.

You're Almost Done!
Select a display name and password
{* #socialRegistrationForm *} {* socialRegistration_displayName *} {* socialRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *}Tell us about yourself
{* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} {* agreeToTerms *}