Monongalia Co. Commission sues Hilton Garden Inn for refusal to pay hotel tax

By Kyla Asbury | May 25, 2017

MORGANTOWN – The Monongalia County Commission is suing Hilton Garden Inn after it claims the hotel has refused to pay hotel​​​​​ taxes.


MORGANTOWN – The Monongalia County Commission is suing Hilton Garden Inn after it claims the hotel has refused to pay hotel taxes.

 

Mountain Blue Hotel Group is doing business as Hilton Garden Inn.

 

Douglas Hutchinson and William A. Abruzzino were also named as defendants in the suit.

 

The commission, also with Perry Palmer, in his capacity as sheriff and treasurer of Monongalia County claims pursuant to an enacted ordinance, there is a county tax applicable to all hotels located in Monongalia County, including hotels owned by the state or any political subdivision of the state, according to a complaint filed in Monongalia Circuit Court.

 

By agreement of understanding dated Aug. 8, as signed by all of the defendants, it has been admitted that if the defendants failed to pay any additional hotel taxes that were due under the amended ordinances then in such event the plaintiffs’ would file suit, according to the suit.

 

The plaintiffs claim the defendants admitted that at the execution of the agreement that they owed $148,002.01 for the period of November 2015 to June 2016.

 

The defendants failed and refused to abide by the agreement that they executed and have not been filing the additional hotel tax forms, nor have they been remitting the hotel tax payments due to the plaintiffs, according to the suit.

 

The plaintiffs are seeking the court enter an order granting judgment against the defendants for the past due amount; for an order subjecting Mountain Blue Hotel Group land to a lien for the amount of taxes; and and order and decree the sale of Mountain Blue Hotel Group to satisfy the lien. They are being represented by Monongalia County Assistant Prosecuting Attorney Phillip M. Magro.

 

Monongalia Circuit Court case number: 17-C-155

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