Welcome to the Gahanna Tax Lawsuit Website
This website contains information regarding a class certification and summary judgment decision that has been decided by the Court of Common Pleas, Franklin County, Ohio in the case known as Douglas P. LaBorde, et al., v. The City of Gahanna, et al., Case No. 12 CV 8517, Judge Cocroft.
Douglas and Karla LaBorde (“Plaintiffs”) filed a lawsuit against the City of Gahanna, the Regional Income Tax Agency (“RITA”), and Jennifer Teal (“Teal”) in the Franklin County Court of Common Pleas. In the lawsuit, the LaBordes claim that Gahanna, RITA, and Teal have miscalculated the income tax credit provided by Gahanna City Code § 161.18(a) to certain Gahanna residents who worked outside Gahanna. The LaBordes also claim that Gahanna and Teal have not certified, spent, or reserved funds as required by Gahanna City Code § 161.18(c). Because the Gahanna Tax Code was applied uniformly to thousands of Gahanna residents, the LaBordes also requested that the case be certified as a class action. The City of Gahanna, RITA and Teal disputed the Plaintiffs’ claims.
On September 11, 2014, Judge Kimberly Cocroft of the Franklin County Court of Common Pleas ruled that the City of Gahanna, RITA, and Teal have, as a matter of law, miscalculated the amount of the “Credit for taxes paid to another municipality” under Gahanna City Code § 161.18(a) and, as a result, that the Class (as defined below) is entitled to have the tax credit properly applied, which may result in a refund of tax-related overpayments, interest, penalties and/or other benefits (such as cancellation of amounts Gahanna claims to be owed for income taxes) to the Class.
Judge Cocroft has certified this case as a class action. You are a member of the “Class” if you meet all three of the following requirements:
• I live or have lived in Gahanna at some time;
• During the time I lived in Gahanna, I worked in another city and paid income taxes to that other city at a rate of more than 1.5%; and
• At some time on or after July 3, 2009, I (or a tax preparer) filed an income tax return with Gahanna or RITA reflecting income taxes withheld or paid to that other city for any tax year prior to the 2015 tax year.
Judge Cocroft has scheduled a hearing to begin on September 18, 2017, at 9:30 a.m. in court room 4E of the Franklin County Common Pleas Court to determine the amount of money to be paid to the class members in this case.
Below are links to additional information regarding this lawsuit, including a copy of the Court approved Class Notice.
Exclusion Deadline: Sept. 18, 2016