By Lydia Crawley, The Parsons Advocate
PARSONS, W.Va. — A lawsuit has been filed in United States District Court for the Northern District of West Virginia in Elkins on August 14th by attorneys for Timberline Mountain Operations and Valley Scenic View against the Tucker County Commission over the Tucker County, West Virginia Special Emergency Ambulance Fee that took effect January 1, 2025.
“This fee is not only unjust, it’s a blunt instrument that unfairly scapegoats the tourism industry while ignoring the true drivers of EMS demand in Tucker County,” said Tom Price, General Manager of Timberline Mountain in a statement released to the press. “Timberline and other tourist centers account for less than 10% of the EMS calls in the county, yet Timberline and other recreational centers are being forced to shoulder a disproportionate share of the burden. That’s fundamentally unfair.”
In court documents obtained by the Parsons Advocate, the suit seeks a Declaratory Judgment by Jury Trial to invalidate all of the ordinance from imposing hotel and lodging fees with out authorization from the West Virginia Legislature and other fees “in a manner prohibited both under West Virginia law and under the dormant Commerce Clause of the United States Constitution.”
The suit maintains that the Commission overstepped their authority by imposing the fee on lodging establishments, including short term rentals such as Airbnb units. The suit argues that the 2% fee equates to an additional, unlawful tax that exceeds the 6% State cap on Hotel/Motel tax already in place within the County by raising the rate on lodging to 8%.
