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A judge has recently granted Class certification and summary judgment in a class action lawsuit that alleges the City of Gahanna, Ohio; the Regional Income Tax Agency; and Jennifer Teal miscalculated the income tax credit for certain Gahanna residents who worked outside the city.
The class action lawsuit was filed in 2012 by Douglas and Karla LaBourde, who claim that the defendants miscalculated the income tax credit provided by Gahanna City Code § 161.18(a) for residents who worked outside Gahanna, and that Gahanna and Teal did not certify, spend or reserve funds as required by the Gahanna City Code.
The defendants dispute the LaBourdes’ claims and maintain that they have applied the city’s ordinance properly.
In September 2014, a judge ruled that the defendants miscalculated the amount of the credit for taxes paid to another municipality under Gahanna City Code § 161.18(a), and that Gahanna residents who were affected by this miscalculation are entitled to have the tax credit properly applied. However, the judge has not ruled on other claims at issue in the class action lawsuit, and a trial has been scheduled for Jan. 17, 2017.
If you lived in Gahanna but worked in another city and paid income taxes at a rate of more than 1.5 percent to that other city, you may be entitled to compensation.
Class Members who wish to opt out of the Gahanna class action lawsuit must do so no later than Sept. 18, 2016.
Who’s Eligible
You are a Class Member of the Gahanna income tax lawsuit if you meet the following criteria:
- You currently or formerly lived in Gahanna;
- While you lived in Gahanna, you worked in another city and paid income taxes to that other city at a rate of more than 1.5 percent; and
- At some time on or after July 3, 2009, you filed an income tax return with Gahanna or the Regional Income Tax Agency that reflected income taxes withheld or paid to the other city for any tax year prior to the 2015 tax year.
Potential Award
Varies, depending on income.
It is estimated that a Class Member who earns $100,000 annually can expect to receive a payment of about $250 for each year they filed a tax return.
Proof of Purchase
N/A. Class Members who are owed money do not have to take any action to receive benefits.
Claim Form Deadline
N/A. Class Members do not need to take any action to receive a payment from the Gahanna class action lawsuit, should payment become available in the future. A trial has been scheduled for Jan. 17, 2017 for the remaining claims.
The exclusion deadline is Sept. 18, 2016.
Case Name
LaBorde v. The City of Gahanna, et al., Case No. 12 CV 8517, in the Court of Common Pleas, Franklin County, Ohio
Final Hearing
N/A, because a settlement has not been reached. A trial for the Gahanna class action lawsuit is scheduled to begin on Jan. 17, 2017.
Settlement Website
Claims Administrator
Gahanna Tax Lawsuit Class Action Administrator
P.O. Box 40007
College Station, TX 77842-4007
Class Counsel
Todd Neuman
Rick Ashton
ALLEN KUEHNLE STOVALL & NEUMAN LLP
Phone: 614-221-8500
neuman@aksnlaw.com
ashton@aksnlaw.com
Defense Counsel
N/A
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2 thoughts onGahanna, Ohio, Income Tax Class Action Settlement
I received a 1099Misc from Gahanna But I show no record of ever receiving a check from settlement. Please advise. 614.230.9282
Judge Cocroft has scheduled a hearing to begin on February 20, 2018, 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.