The Westerville group looking to roll back school district taxes has taken their case to the Ohio Supreme Court.

The Westerville group looking to roll back school district taxes has taken their case to the Ohio Supreme Court.

The lawyer for Taxpayers for Westerville Schools filed a complaint with the court Thursday following the removal of the tax repeal effort from the November ballot by the Franklin County Board of Elections earlier this week.

The complaint filed with the Ohio Supreme Court claims that the elections board was wrong for removing the issue from the ballot.

In August, the board of elections certified Taxpayers for Westerville Schools attempt to repeal 6.71 mills of an 11.4-mill levy passed in 2009. The 6.71 mills is equal to the amount of the levy passed by voters in March, which is not eligible for repeal under Ohio law because it is not a permanent levy.

The issue was removed after Westerville resident and lawyer Gene Hollins filed a protest with the board of elections saying that the 2009 levy being repealed could not be repealed because it did not increase existing millage for the district.

The 2009 levy replaced two previous levies - 1.6-mill levy passed in November 1972 and a 9.8-mill levy passed in June 1979- which were being collected at a combined effective rate of 3.43 mills.

The board of election unanimously sided with Hollins, who said the district's taxes did not go up because 11.4 mills were previously approved, and 11.4 mills were approved again in 2009.

In the complaint filed on behalf of Taxpayers for Westerville Schools by Maurice Thompson, a lawyer with the 1851 Center for Constitutional Law, said the 2009 tax issue did raise taxes, by 7.97 mills from the effective rate of 3.43 mills to 11.4 mills.

The Ohio Supreme Court will have to make a decision on the issue before Sept. 22. The decision is rushed to accommodate the Franklin County Board of Elections' deadline for printing ballots.