Lawsuit filed over Charleston's consumer sales and use tax

By Carrie Bradon | May 24, 2019

CHARLESTON – A Charleston resident alleges a tax imposed by the city is in violation of the state's constitution.

Nigel E. Jeffries filed a complaint in Kanawha Circuit Court against the City of Charleston, West Virginia Secretary of the Department of Revenue and Chair of the Municipal Home Rule Board Dave Hardy, Municipal Home Rule Board and West Virginia State Tax Division Commissioner Dale W. Steager seeking declaratory judgment.

The suit states that Senate Bill 747 was passed March 10, 2007, and took effect the following July. This bill established the Home Rule Pilot Program.

The suit states in April 2013, the Home Rule Board approved an amendment to Charleston's home rule plan and permitted the city to impose a one-half of 1 percent consumer sales and use tax.

The plaintiff alleges this tax is in contradiction of the West Virginia Constitution.

The plaintiff is seeking for the court to issue a permanent injunction to enjoin and restrain the defendants from enforcing Charleston's municipal consumer sales and use tax and costs of suit. He is representing himself.

The case has been assigned to Judge Louis Bloom.

Kanawha Circuit Court case number 19-C-367

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