Officials with Mountaineer Casino, Racetrack & Resort are working to dismiss a lawsuit filed against them in September.

The Hancock County sheriff and county commissioners said Mountaineer didn’t pay at least $500,000 in hotel occupancy taxes.

According to county officials, the 6 percent hotel occupancy tax hasn’t been collected since around 2009.

Mountaineer officials submitted their response this week to that court complaint, saying
Mountaineer doesn’t have to pay taxes on rooms provided on a complimentary basis.

Mountaineer officials said the rooms were free to patrons who are members of the resort’s Club Program.

According to a Motion to Dismiss court filing, Mountaineer said, “The rooms in question are provided at no cost” and argued that no tax has ever been due.

When the sheriff filed the initial complaint, the document cited an obligation to pay a hotel occupancy tax.

Mountaineer’s court filing continues to say that the sheriff is “attempting to spin something from nothing” by grouping points the resort’s patrons receive as taxable.

The sheriff and commissioners said it’s a burden on county taxpayers because the county is out more than $500,000.

The case remains in Circuit Court, where a judge will decide whether to dismiss the case.

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