County reaches settlement agreement with Hangar 6 owner
A civil lawsuit filed by Hangar 6 owner George Matthews against the Highland County Board of Commissioners and Highland County Airport Authority last year has been dismissed, following approval of a settlement agreement by Highland County commissioners at a special meeting Monday, Jan. 27.
A court trial for the lawsuit had been scheduled to begin Wednesday, Jan. 29 in Highland County Common Pleas Court, with visiting (Clermont County, retired) Judge Jerry McBride presiding.
Matthews was represented by Robert Herking, a Cincinnati attorney, at the time of the initial filing, then later replaced by Katie Wilkin of Peelle Law in Wilmington.
According to minutes provided by commission clerk Ashleigh Willey, commissioners Brad Roades and Terry Britton met in executive session Monday with their attorney, Highland County Prosecutor Anneka Collins, as well as Auditor Alex Butler, Treasurer Vickie Warnock and Jaylan Hopkins of the prosecutor’s office. In open session, Roades and Britton approved the settlement agreement as presented by Collins.
As previously reported, in June 2020, Warnock filed action against Hangar 6, Inc. et al., seeking $28,092.88 in delinquent taxes since 2007 (payable in 2008) from the North Shore Drive business. The taxes were then paid in August 2020, and the case was dismissed. Prior to back taxes being paid in 2020, the county had sought to collect taxes on the business since at least 2010.
In the lawsuit filed in April 2023 in Highland County Common Pleas Court, Hangar 6 raised issues with the April 5, 2001 lease agreement between Hangar 6 and the county and with the “years of harassment, assessments and coerced payments” Hangar 6 alleged the county imposed.
Under the terms of the settlement agreement, Matthews’ lease “shall be renegotiated and made legal” by June, the document says.
Hangar 6 was seeking “a full refund of all amounts paid” from their delinquent tax payments as well as “a declaratory judgment that Plaintiff is not responsible for the property tax amounts assessed;” “an injunction going forward to estop the County Commissioners and Airport Authority from further activity adverse to” their contract; and “recoupment of any and all monies paid over the years to prevent foreclosure and eviction.”
However, through the settlement, Matthews agreed that he “is responsible for taxes due and owing on the improvements (including the building and mobile home of Hangar 6).”
According to an attached agreement, Hangar 6 Inc., c/o Matthews, currently owes $6,333.27 in property taxes. Under the settlement, Matthews will be permitted to pay the delinquent taxes through “monthly payments for a period of 60 months,” the document says. He also “agrees to pay current taxes as they become due.”
The agreement includes a stipulation that failure “to make an installment when due and/or pay the current taxes timely shall render this agreement null and void. This will result in legal action, such as foreclosure, being instituted.”
Hangar 6 was also seeking “damages against each Defendant in an amount in excess of $25,000, and in the alternative in excess of $25,000 jointly and severally, plus costs, attorney fees and all other relief to which it may be entitled,” the complaint said. According to the settlement agreement and dismissal entry, the case is being dismissed “at the costs of the plaintiff.”
The county did agree to “abate any tax increase as a result of revaluation for a period of 10 years effective Jan. 1, 2025” for the Hangar 6 building and mobile home.
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