OHIO BOARD OF TAX APPEALS

12:00 P.M. FRIDAY

January 12, 2001

MERIT DOCKET

96-T-471, 96-T-472 Delta Airlines, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Franchise Tax. Tax Commissioner reversed. Board Members concur.

96-T-589 Federal Express Corporation v. Roger W. Tracy, Tax Commissioner of Ohio. Franchise Tax. Tax Commissioner modified. Board Members concur.

99-L-1287 Columbus City Schools Board of Education v. Franklin County Board of Revision, the Franklin County Auditor and Willard Cunningham. Real Property Tax. Value Found. Board Members concur.

99-A-1467 Akron City School District Board of Education v. Summit County Board of Revision, Summit County Auditor and WEC 98H-32 LLC. Real Property Tax. Remanded for Further Proceedings. Board Members concur.

99-K-1605 Polaris Amphitheater Concerts, Inc. v. Delaware County Board of Revision, Delaware County Auditor and the Board of Education of the Olentangy Local School District. Real Property Tax. Value Found. Board Members concur.

00-P-479 Derrick A. Washington v. Jim Petro, Auditor of the State of Ohio. Personal Income Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-P-487 South Norwood Church of Christ v. Thomas M. Zaino, Tax Commissioner of Ohio. Exemption. Tax Commissioner affirmed. Board Members concur.

00-K-760 J. Bradley and Ginger S. Gibson v. Delaware County Board of Revision, the Delaware County Auditor and the Board of Education of the Olentangy Local Schools. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-J-899 T & R Ashland, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board Members concur.

00-M-1471 Karen & Nicolas Psathas v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-B-1478 London City Schools Board of Education v. Thomas M. Zaino, Tax Commissioner of Ohio. Exemption. Tax Commissioner affirmed. Board Members concur.

00-M-1542 Do Drop Inn, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board Members concur.

DISMISSALS AND STIPULATIONS

98-T-916, 00-T-1451, 00-T-1452, 00-T-1767 Cherry Jack Ltd. Partnership v. Licking County Board of Revision, the Auditor of Licking County and the Granville Exempted Village School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-S-548 Kenmore Village, LP v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Cleveland Municipal School District Board of Education. Real Property Tax. Ms. Jackson and Mr. Manoranjan concur. Mr. Johnson not participating.

99-P-1407, 99-P-1653* HRC Joint Venture v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Dismissed. Board Members concur.

99-V-1582 ETL Housing Corp. v. Summit County Board of Revision, the Auditor of Summit County and the Akron City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-L-1803 Chagrin Falls Exempted Village School District Board of Education v. Geauga County Board of Revision, Geauga County Auditor and Bainbridge Arden LLC, a Delaware Limited Liability Company. Real Property Tax. Dismissed. Board Members concur.

00-V-743 John J. Bertholf v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Dismissed. Board Members concur.

00-M-786 W.A. Siebenthaler, et al., and Keybank National Association (Key Corporation) FNA Society National Bank v. Greene County Board of Revision and the Greene County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-S-1649 Board of Education of the Westerville City School District v. Delaware County Board of Revision, Delaware County Auditor and DHMI Lakes, Ltd., Inc. Real Property Tax. Stipulated. Board Members concur.

99-L-2002 Duke Realty Limited Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, City of Strongsville and Strongsville Board of Education. Real Property Tax. Dismissed. Board Members concur.

99-V-2055 Lexington Village II Limited Partnership (Phase II) 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.

99-V-2104, 99-V-2105 Spielberger John and Donna S. v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and the Parma Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

INTERIM ORDERS ISSUED BY ATTORNEY EXAMINERS

99-T-367* Cleveland Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Consolidated Rail Corporation. Real Property Tax. Denying Motion to Strike.

99-S-1465, 00-S-1909, 00-S-1911, 99-S-1553, 00-S-1913 Copley-Fairlawn City School District Board of Education v. Summit County Board of Revision, Summit County Auditor and E & A Northeast Limited Partnership.

E & A Northeast Limited Partnership v. Summit County Board of Revision, Summit County Auditor and the Copley-Fairlawn City School District Board of Education. Real Property Tax. Consolidated.

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. Consolidated.

00-M-989, 00-M-991, 00-M-1024, 00-M-1025, 00-M-1028, 00-M-1029 Cincinnati Gas & Electric Co. v. Clermont County Board of Revision, et al. Real Property Tax. Designating Appeals as "Complex Litigation" and Scheduling Appeals.

00-J-1268, 00-J-1269, 00-J-1270 Berea City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Red Roof Cleveland V. Company, doing business as Red Roof Inns, Incorporated. Real Property Tax. Denying Motion to Dismiss.

00-J-1268, 00-J-1269, 00-J-1270 Berea City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Red Roof Cleveland V. Company, doing business as Red Roof Inns, Incorporated. Real Property Tax. Compelling Discovery and Denying Protective Order.

00-T-1377, 00-T-1378 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and Memphis Fulton Associates Limited Partnership. Real Property Tax. Granting Motion to Extend

00-J-1521, 00-J-2013, 00-J-1553, 00-J-1554 The Sherwin Williams Company v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Cleveland Municipal School District Board of Education.

Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and The Sherwin Williams Company. Real Property Tax. Consolidated.

00-G-2018, 00-G-2023 Cleveland Heights/University Heights City School District Board of Education and Charter One Bank, FSB, as Successor in Interest to Home Federal Savings Bank v. Cuyahoga County Board of Revision and the Auditor of Cuyahoga County. Real Property Tax. Consolidated.

00-V-2025, 00-V-2026, 00-V-2027, 00-V-2028, 00-V-2029, 00-V-2030, 00-V-2031,
00-V-2032, 00-V-2033 380 Cedar Associates, Inc., aka Cedar Associates, Inc., aka Cedar Phase III, Ltd., aka Cedar Street Associates Limited Partnership v. Summit County Board of Revision, Summit County Auditor and the Akron Board of Education. Real Property Tax. Consolidated.

00-A-2102, 00-A-2105 WEC 99D-18, LLC, a Delaware LLC v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Cleveland Heights/University Heights City School District Board of Education. Real Property Tax. Consolidated.

*Issued Previously