COLUMBUS, Ohio (Legal Newsline) - The Ohio Supreme Court on Wednesday agreed to hear a challenge to a lower court decision on taxing food sold at grocery stores.

The state's high court will review the state's 10th District Court of Appeals' decision that the Commercial Activities Tax cannot be applied to food sold at wholesalers and grocery stores.

"This erroneous ruling not only endangers the state's efforts in tax reform but will also cost the state hundreds of millions in annual revenue and still more in tax refunds at a time of fiscal crisis," the state said in court papers.

Grocers in the Buckeye State sued, arguing the Ohio Constitution bars taxes on food consumed off-site. In September, the appeals court agreed. Democratic Gov. Ted Strickland asked the justices to review the decision.

The Commercial Activities Tax went into effect in 2005. It amounts to 26 cents per $100 in sales over $1 million.

From Legal Newsline: Reach reporter Chris Rizo at

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