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SV School District engaged in tax fight

Conflict over sale of hotels

Seneca Valley School District is engaged in a legal tug of war with a company that is arguing it overpaid the district an estimated $100,000 in taxes over the sale of Hampton Inn and Residence Inn in Cranberry Township.

The hotels were sold in 2013 by Hamister Hospitality to American Hotel Income Properties, which is based in Maryland, as part of a larger sale that included four hotels across the region.

In 2016 Hamister filed a request for a tax refund with the state and Seneca Valley School District. After its request was rejected in 2017 the company filed an appeal in Butler County civil court, where it is now being deliberated. On Tuesday lawyers from both sides met with Judge Michael Yeager to discuss the case.

But, according to the district’s lawyer, no compromise or resolution was reached. A trial has been set for Jan. 28, 2019, although there is still a chance that the matter can be resolved before that.

Hampton Inn was sold for $14.87 million with taxes from the transaction bringing the district $74,350. Hamister claims that it overpaid by $51,090.

The district, according to court filings, concedes that the company overpaid, but is only owed $1,453.

Residence Inn was sold for $11.89 million. The district collected $59,490 in real estate taxes.

Hamister is claiming an overpayment of $31,332. The district estimates the overtax at only $1,490.

Additionally, Hamister is charging the district an interest rate of 6 percent on the alleged overpayment. So far, the company calculated that the interest is more than $14,000 and continues to go up.

The district’s lawyer, Matthew Hoffman, noted that the district has a budget of more than $100 million.

If Yeager, who wasn’t available for comment Tuesday afternoon, rules in favor of Hamister, “the district won’t be going bankrupt but it’s still a significant issue,” Hoffman said.

The district and Hamister differ over what should and shouldn’t be taxed in relation to the sale.

In the district’s court filing, its lawyers argue that Hamister “seeks to disregard the actual agreed-upon” sale, claiming that the taxable amount should be restricted to the value made by a real estate assessment of the properties.

In particular, Hamister is trying to remove part of the Hampton Inn sale, $290,745 of which it categorized as personal property.

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