Follow us on

Tuesday, May 21, 2013 | 5:00 p.m.

Posted: 6:08 p.m. Tuesday, Feb. 19, 2013

State wants case involving taxing Wright-Patt employees dropped

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.”

More News

 
Featured Articles
Ads By Google
 
March 2013 Photo Winner - Abbey Wyatt

iW7 April 2013 Photo of the Month Vote

It's time to vote on your photos for the iWitness7 Photo of the Month for April. Voting lasts until May 23.

5-day text alerts

Get your 5-day forecast on the go!

Sign up to receive your daily 5-day forecast text alert from WHIO-TV and Storm Center 7.

iWitness7 Photos