Tax and Spending Challenges

Elimination of the Ohio Estate Tax-The legislature has passed a state budget that includes the repeal of Ohio’s Estate Tax. The 1851 Center drafted and represented the initiative, while a grass-roots effort was led by http://www.endohioestatetax.com/who accomplished a feat that no liberty group before them had accomplished:  the elimination of a statewide tax.

Dayton Tea Party v. Ohio Municipal League (challenging secret use of public funds to lobby for greater taxes/spending)-In June 2011, the 1851 Center filed in the Ohio Supreme Court a Public Records Complaint demanding Ohio Municipal League (OML) and Ohio Township Association (OTA) lobbying records. OML and OTA use taxpayer funds to lobby for higher taxes and increased spending.

Oleksa v. Murray (ending use of project labor agreements and prevailing wage on public school projects)- On February 24, 2011, the Ohio School Facilities Commission (OSFC) agreed to adopt OSFC Resolution 11-16, marking the conclusion of a lawsuit brought by the 1851 Center for Constitutional Law, a public interest law firm representing Ohio taxpayers.

Gahanna’s Unconstitutional, High-Risk Loan Plan (challenging taxpayer funded venture-capital fund for local businesses)- Gahanna City Council postponed a vote authorizing a city-backed $375,000 high-risk venture capital loan fund after the 1851 Center informed council members that the Ohio Constitution prohibits the city from “raising money for or loaning its credit to any private company, corporation or association.”

The Drees Company v. Hamilton Township (challenging township imposition of taxes)- The 1851 Center filed amicus briefs in the 12th District Court of Appeals and the Ohio Supreme Court, arguing that Ohio townships, which do not have the power to levy taxes, cannot levy back-door taxes on new homeowners and developers.

Ohio Grocer’s Association v. Ohio Tax Commissioner (challenge to commercial activities tax application to food) - In May 2009 the 1851 Center argued in an amicus brief that Ohio’s Commercial Activities Tax is an unconstitutional excise tax on food which is levied on Ohio grovers based on sales. The cost of this tax is passed on to Ohio’s taxpayers when they purchase food.