OHIO BOARD OF TAX APPEALS

5:00 P.M. FRIDAY

January 5, 2001

MERIT DOCKET

98-T-1322, 98-T-1323 City of East Liverpool v. Columbiana County Budget Commission; Townships of Butler, Center, Elkrun, Fairfield, Franklin, Hanover, Knox, Liverpool, Madison, Middleton, Perry, Salem, St. Clair, Unity, Washington, Wayne, West and Yellow Creek; Villages of Columbiana, Lisbon, Summitville, Hanoverton, Rogers, Washingtonville, Leetonia, New Waterford, Salineville and Wellsville; Cities of Salem, and East Palestine; and Columbiana County Park District. Budget Commission-ULGF & ULGRAF. Budget Commission's actions vacated-Remanded for further proceedings. Board Members concur.

99-B-842 Streetsboro City School District Board of Education v. Portage County Board of Revision, the Portage County Auditor and the VI-NI Partnership. Real Property Tax. Value Found. Board Members concur.

99-B-1288 Columbus City School District Board of Education v. Franklin County Board of Revision, Franklin County Auditor and William V. and Pamela Swartz. Real Property Tax. Value Found. Board Members concur.

00-T-21, 00-T-377 City of East Liverpool v. Columbiana County Budget Commission; Townships of Butler, Center, Elkrun, Fairfield, Franklin, Hanover, Knox, Liverpool, Madison, Middleton, Perry, Salem, St. Clair, Unity, Washington, Wayne, West and YellowCreek; Villages of Columbiana, Lisbon, Summitville, Hanoverton, Rogers, Washingtonville, Leetonia, New Waterford, Salineville, and Wellsville; Cities of Salem and East Palestine; and Columbiana County Park District. Budget Commission-ULGF & ULGRAF. Budget Commission's actions vacated-Remanded for further proceedings. Board Members concur.

00-M-1049 through 00-M-1256 David Leach v. Hamilton County Board of Revision and the Hamilton County Auditor. Real Property Tax. Board of Revision affirmed-appeals dismissed. Board Members concur.

00-T-1799, 00-T-1800 City of East Liverpool v. Columbiana County Budget Commission; Townships of Butler, Center, Elkrun, Fairfield, Franklin, Hanover, Knox, Liverpool, Madison, Middleton, Perry, Salem, St. Clair, Unity, Washington, Wayne, West and Yellow Creek; Villages of Columbiana, Lisbon, Summitville, Hanoverton, Rogers, Washingtonville, Leetonia, New Waterford, Salineville and Wellsville; Cities of Salem, and East Palestine; and Columbiana County Park District. Budget Commission-ULGF & ULGRAF. Budget Commission's actions vacated-Remanded for further proceedings. Board Members concur.

DISMISSALS AND STIPULATIONS

97-J-352 Primary Health Systems of Ohio LP v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Cleveland Municipal School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

98-T-478 Fifth Third Bank of Northwestern Ohio v. Cuyahoga County Board of Revision and the Auditor of Cuyahoga County. Real Property Tax. Stipulated. Board Members concur.

99-A-245 The Ohio Bell Telephone Company v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the

Cleveland Municipal School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-A-423, 99-A-424, 99-A-467, 99-A-468, 99-A-471, 99-A-472 Worthington City School District Board of Education and EOP Community Corporate Center, L.L.C./ZML Community Corporate Center, L.L.C. v. Franklin County Board of Revision and the Franklin County Auditor. Real Property Tax. Stipulated. Ms. Jackson and Mr. Manoranjan concur. Mr. Johnson not participating.

99-S-476, 99-S-497 Board of Education of the Beachwood City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Village Green of Beachwood. Real Property Tax. Stipulated. Board Members concur.

99-R-649, 99-R-650, 99-R-651, 99-R-652 Lakeshore Club Residence Limited Partnership v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and Cleveland Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-R-742, 99-R-743 Pramukh, Inc. v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Board of Education of the Lakewood City School District. Real Property Tax. Stipulated. Board Members concur.

99-K-978 OMCO Building Corporation v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Brecksville/Broadview Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-A-1010 The Downing Company, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Board of Education for the Berea City School District. Real Property Tax. Stipulated. Board Members concur.

99-P-1105, 99-P-1139 Ippolito Incorporated aka Ippolito Inc. v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Warrensville Heights School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-S-1109, 99-S-1150 American Seaway Foods, Inc. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Cleveland Municipal School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-R-1116, 99-R-1149 Marvin J. Gross v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Berea City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-S-1217, 99-S-1218 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and The Grand Arcade Limited. Real Property Tax. Dismissed. Board Members concur.

99-L-1427, 99-L-1440 Hub Parkway Association II and Cuyahoga Heights Local School District Board of Education v. Cuyahoga County Board of Revision and the Auditor of Cuyahoga County. Real Property Tax. Stipulated. Board Members concur.

99-B-1468, 99-B-1469 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and Our Lady of Angels Apartments II, Inc. Real Property Tax. Stipulated. Board Members concur.

99-B-1470, 99-B-1471 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and Our Lady of Angels Apartments II, Inc. Real Property Tax. Stipulated. Board Members concur.

99-T-1542 One UBB, LLC and First National Bank of Ohio (Firstmerit Bank, NA) v. Summit County Board of Revision, the Summit County Auditor and the Akron City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-N-1621, 99-N-1629, 99-N-1654, 99-N-1655, 99-N-1622, 99-N-1630 Associated Estates Realty Corporation and North Royalton City School District Board of Education v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor.

Associated Estates Realty Corporation v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Brecksville/Broadview Heights Board of Education. Real Property Tax. Dismissed. Board Members concur.

99-L-1718, 99-L-1721 Priore Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Euclid Board of Education. Real Property Tax. Dismissed. Board Members concur.

99-L-1731 May Stores 74 Corp. v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the North Olmsted City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-S-1756 Board of Education of the Dublin City School District v. Franklin County Board of Revision, Franklin County Auditor and Brian S. Thompson. Real Property Tax. Stipulated. Board Members concur.

99-T-1775, 99-T-1776 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Newgar Ltd. Real Property Tax. Stipulated. Board Members concur.

99-K-1780, 99-K-1794 First National Supermarkets, Inc. v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Maple Heights Board of Education. Real Property tax. Stipulated. Board Members concur.

99-N-1864, 99-N-1865 Carl Gumina, Trustee v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the East Cleveland City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-T-1901 Board of Education of the Dublin City School District v. Franklin County Board of Revision, the Auditor of Franklin County and Tow Ltd. Real Property Tax. Stipulated. Board Members concur.

99-J-1931, 99-J-1934 Board of Education for the Orange City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Lander Circle Company. Real Property Tax. Stipulated. Board Members concur.

99-J-1932, 99-J-1935 Board of Education for the Orange City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Lander Circle Company. Real Property Tax. Stipulated. Board Members concur.

99-J-1933, 99-J-1936 Board of Education for the Orange City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Lander Circle Company. Real Property Tax. Stipulated. Board Members concur.

99-M-1950 Capital Park L.P. v. Franklin County Board of Revision, Franklin County Auditor and Columbus City School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

99-V-1955 Word of Faith Church v. Thomas M. Zaino, Tax Commissioner of Ohio. Exemption. Dismissed. Board Members concur.

99-T-1968, 99-T-1969 South Euclid-Lyndhurst School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Greens of Lyndhurst. Real Property Tax. Dismissed. Board Members concur.

99-N-1999 Orange City Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Chagrin Center, Inc. Real Property Tax. Dismissed. Board Members concur.

99-V-2109, 99-V-2110 The Birnbaum Family Limited Partnership v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Cleveland Heights/University Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-T-31 Cleveland Skating Club v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Shaker Heights City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-R-93 Cleveland Heights/University Heights City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Ayman A. Abdelhady. Real Property Tax. Dismissed. Board Members concur.

00-M-160 CIN-JET, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Use Tax. Dismissed. Board Members concur.

00-R-166 Hobart Brothers Company v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Dismissed. Board Members concur.

00-M-170 Weingold M & Co. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Municipal School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-N-205, 00-N-206, 00-N-213 Cleveland Municipal School District Board of Education and Prime Properties Limited Partnership v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Dismissed. Board Members concur.

00-J-255 Ernest Castina v. Columbiana County Board of Revision and the Auditor of Columbiana County. Real Property Tax. Stipulated. Board Members concur.

00-L-393 Parma City School District Board of Education v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and Associated Estates Realty Corp. Real Property Tax. Stipulated. Board Members concur.

00-V-454, 00-V-455 Bondy, Jessie B-Life Estate, and Friedlander, Sheila; d/b/a Mayflower Annex v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Heights/University Heights City School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-A-456, 00-A-457 Matz, Eve-Trustee, Greenberg, Cynthia-Trustee; d/b/a Mayflower Annex v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Heights/University Heights City School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-K-468, 00-K-469, 00-K-471 Olmsted Square Associates, an Ohio General Partnership and North Olmsted City School District Board of Education v. The Cuyahoga County Board of Revision and the Auditor of Cuyahoga County. Real Property Tax. Dismissed. Board Members concur.

00-P-501 Cleveland Municipal School District v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and Larjon Corporation. Real Property Tax. Stipulated. Board Members concur.

00-N-519 Bonnie J. McCarty v. Columbiana County Board of Revision and the Auditor of Columbiana County. Real Property Tax. Stipulated. Board Members concur.

00-J-639 Vincent D. Gentiluomo v. Geauga County Board of Revision and the Auditor of Geauga County. Real Property Tax. Stipulated. Board Members concur.

00-L-702 Security Federal Savings & Loan (Firstmerit Bank, N.A.) v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and Mayfield City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-L-787 Strathmore Village Dev. Co. v. The Ashland County Board of Revision and the Auditor of Ashland County. Real Property Tax. Stipulated. Board Members concur.

00-S-914 Jack K. Beatley, Tr. v. Logan County Board of Revision and the Auditor of Logan County. Real Property Tax. Stipulated. Board Members concur.

00-M-972 Janice R. Weisberg v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Dismissed. Board Members concur.

00-L-975 Milford Associates (LP) v. Clermont County Board of Revision, the Auditor of Clermont County and the Milford Exempted Village School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-L-1042 Michael A. Hampton v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-L-1362 Cleveland Twist Drill Company v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Dismissed. Board Members concur.

00-N-1411 Larry L. Snodgres v. Franklin County Board of Revision and the Franklin County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-N-1470 Board of Education of the Columbus School District v. Franklin County Board of Revision, Franklin County Auditor and Tippo Bay Development Co. Real Property Tax. Dismissed. Board Members concur.

00-P-1652 Board of Education of the Westerville City School District v. Delaware County Board of Revision, the Auditor of Delaware County and M/I Schottenstein Homes, Inc. Real Property Tax. Stipulated. Board Members concur.

00-A-1654 Board of Education of the Westerville City Schools v. Delaware County Board of Revision, Delaware County Auditor and Maxtown, LLC. Real Property Tax. Stipulated. Board Members concur.

00-J-1662 Board of Education of the Olentangy Local School District v. Delaware County Board of Revision, the Auditor of Delaware County and Philip H. and Katherine A. Urban. Real Property Tax. Stipulated. Board Members concur.

00-K-1666 Board of Education of the Olentangy Local Schools v. Delaware County Board of Revision, Delaware County Auditor and M/I Schottenstein Homes, Inc. Real Property Tax. Stipulated. Board Members concur.

00-A-1670 Board of Education of the Olentangy Local Schools v. Delaware County Board of Revision, Delaware County Auditor, Jon J. Saia and Richard L. Grutsch. Real Property Tax. Stipulated. Board Members concur.

00-P-1671 Board of Education of the Olentangy Local School District v. Delaware County Board of Revision, the Auditor of Delaware County, Jeffrey P. Semach and Cynthia L. Semach. Real Property Tax. Stipulated. Board Members concur.

00-V-1674 Olentangy Local School District Board of Education v. Delaware County Board of Revision, Delaware County Auditor and the Small Business Park Partnership. Real Property Tax. Stipulated. Board Members concur.

00-R-1691 Board of Education of the Olentangy Local School District v. Delaware County Board of Revision, Delaware County Auditor and Dominion Homes, Inc. Real Property Tax. Stipulated. Board Members concur.

00-R-1692 Board of Education of the Olentangy Local School District v. Delaware County Board of Revision, Delaware County Auditor and Dominion Homes, Inc. Real Property Tax. Stipulated. Board Members concur.

00-L-1698 Olentangy Local Schools District Board of Education v. Delaware County Board of Revision, Delaware County Auditor and Scott A. and Alicia P. Baker. Real Property Tax. Dismissed. Board Members concur.

00-R-1704 Board of Education of the Big Walnut School District v. Delaware County Board of Revision, Delaware County Auditor and Dominion Homes, Inc. Real Property Tax. Stipulated. Board Members concur.

00-T-1705 Board of Education of the Big Walnut City School District v. Delaware County Board of Revision, Delaware County Auditor and E & L Arrowhead Investments, Ltd. Real Property Tax. Stipulated. Board Members concur.

00-T-1792, 00-T-1793 21 East State Street LP v. Franklin County Board of Revision, the Auditor of Franklin County and the Columbus City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-R-1841 Whitehall City Schools Board of Education v. Franklin County Board of Revision and Millstone Development, Ltd. Real Property Tax. Dismissed. Board Members concur.

MISCELLANEOUS

97-K-918 Ohio Locomotive Crane Company v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Property Tax. Certification. Board Members concur.

98-S-1140 MG Refining and Marketing, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Motor Fuel Tax. Remand. Board Members concur.

00-P-60 Patrick T. Gillespie v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Cleveland Municipal School District Board of Education. Real Property Tax. Correcting Order. Board Members concur.

00-T-1441 Gary W. Keith v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Income Tax. Remand. Board Members concur.

00-A-490 Gary S. Barno, Inc. DBA Midtown Food Mart v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Remand. Board Members concur.

INTERIM ORDERS ISSUED BY ATTORNEY EXAMIENRS

99-J-1490, 99-J-1491, 00-T-2000, 00-T-2002, 00-J-2053 Copley-Fairlawn City School District Board of Education and Montrose Mayfield, Inc. v. Summit County Board of Revision and Summit County Auditor. Real Property Tax. Consolidated.

00-L-182, 00-L-183* Mary F. Coyne As of 1/1/98: Paul Eirmann v. The Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the City of Cleveland School District Board of Education. Real Property Tax. Consolidating Appeals and Setting Motion Hearing.

00-P-257 KSB Mgt. Ltd. An Ohio Ltd. Liab. Co. (formerly KSB Investments) v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Lakewood Board of Education. Real Property Tax. Compelling Discovery in Part-Denying in Part.

00-J-443, 00-J-444, 00-J-461, 00-J-462 Cedar Center Associates, an Ohio General Partnership v. Cuyahoga County Board of Revision and Cuyahoga County Auditor and Cleveland Heights/University Heights City School District Board of Education. Real Property Tax. Denying Motions to Compel Discovery.

00-J-847, 00-J-848, 00-J-879, 00-J-882 Board of Education for the Berea City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Middleburg Towne Square Ltd. Real Property Tax. Compelling Discovery.

00-R-1011* American National Can Co. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Cleveland Municipal School District Board of Education. Real Property T ax. Granting Motion to Extend Discovery.

00-N-1538, 00-N-1548* Copley-Fairlawn City School District Board of Education and Barnes & Noble Booksellers, Inc. v. Summit County Board of Revision and the Summit County Auditor. Real Property Tax. Consolidated.

00-T-1461, 00-T-1462, 00-T-1476 Cleveland Municipal School District Board of Education and Freeway Industrial Properties v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Granting Motion to Extend.

00-B-1915, 00-B-1968* Woodridge Board of Education v. Summit County Board of Revision, the Auditor of Summit County and Apartments of Northhampton, LLC. Real Property Tax. Consolidated.

00-M-2006, 00-M-2012* North Olmsted City School District Board of Education and Kentworth Associates, L.L.C. v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Consolidated.

00-B-2035, 00-B-2038* Richard Reid, Tracy Reid, Dan Hess and Janet Hess and Cleveland Heights/University Heights City School District Board of Education v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Consolidated.

*Issued Previously