NEW CUMBERLAND, W.Va. -- A judge has refused to dismiss Hancock County's tax lawsuit against Mountaineer Casino, Racetrack & Resort.The Weirton Daily Times reports that Hancock County Circuit Judge Ronald Wilson ruled that there's no basis to dismiss the case.The lawsuit seeks to force the resort to collect the 6 percent hotel occupancy tax on rooms it gives gamblers for free. Mountaineer says it doesn't have to collect tax on complimentary rooms.Mountaineer's dismissal motion argued that the county failed to state a legal claim under which relief could be granted.
Mountaineer spokeswoman Lesley Campbell declined to comment on this week's ruling. She says the company's pleadings and exhibits in the case will serve as Mountaineer's response at this time.
The lawsuit was filed in September 2012.