NEW CUMBERLAND – The Hancock County sheriff is suing Mountaineer Park Inc. for failing to collect the county’s hotel occupancy tax at its hotels for consumers receiving complimentary rooms.

Mountaineer Park, Inc. is doing business as Mountaineer Casino, Racetrack & Resort.

Ten unknown individuals were also named as defendants in the suit.

To view the full complaint, click here.

Since March 2009, Mountaineer Park has refused to collect the six percent hotel occupancy tax to which Hancock County Sheriff Mike White and/or the Hancock County Commission is entitled, according to a complaint filed Sept. 21 in Hancock Circuit Court.

White claims it is estimated that Mountaineer Park “comps” approximately 4,000 rooms per month to gaming patrons.

It is further estimated that the hotel occupancy tax, if collected by Mountaineer Park, would generate approximately $175,000 to $200,000 per year in tax revenue for White and/or the Hancock County Commission, according to the suit.

White claims the estimated total amount of loss in tax revenue to him and/or the Hancock County Commission since March 2009 would be approximately $600,000.

The defendants have improperly failed to collect the county hotel occupancy tax for “comped” rooms since March 2009, according to the suit, and as a direct and proximate result of the defendants’ actions or conduct, White and/or the Hancock County Commission has suffered damages.

White claims the amount of the hotel tax due and owing to the Hancock County Commission should be calculated based upon the average daily room rate of the room for the relevant period of time.

Mountaineer Park ceased collecting the county hotel occupancy tax in March 2009, according to the suit.

White is seeking for the court to issue a declaration of his and the defendants’ respective duties and obligations pursuant to subject state statutes; judgment against the defendants for $600,000 and any other compensatory damages permitted by law for the failure to collect the hotel occupancy tax; and pre- and post-judgment interest. He is being represented by Daniel J. Guida.

The case has been assigned to Circuit Judge Ronald Wilson.

Hancock Circuit Court case number: 12-C-182

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