Weisenfelder & Englert Win For Local Municipality
Wilson G. Weisenfelder and James J. Englert recently received a favorable ruling from Judge Flannery in a matter of first impression in Ohio. Judge Flannery granted summary judgment in favor of Hamilton Township and denied plaintiffs’ motion for summary judgment in a taxation matter related to a type-2 expedited annexation. Plaintiffs alleged the Township was without authority to impose a police tax on property annexed into the Village of South Lebanon and which no longer received police protection from the Township. The Judge ruled that while the property had been annexed into the Village and did not receive police services from the Township, according to the statute, the annexed property remains subject to the real property taxes of the Township.
The Judge also granted the co-defendants’ (Auditor and Treasurer) Motion for Judgment on the Pleadings.