OHIO BOARD OF TAX APPEALS

12:00 P.M. FRIDAY

June 29, 2001

MERIT DOCKET

96-G-505 AT&T Communications of Ohio, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-P-252 Columbus Associates Ltd. v. Franklin County Auditor, the Franklin County Board of Revision and Columbus City Schools Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-R-369 Edgewater Yacht Club v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Cleveland Board of Education. Real Property Tax. Value Found. Board Members concur.

97-G-1217 Board of Education of the Columbus City Schools v. Franklin County Board of Revision, Franklin County Auditor and Heartfelt House, Inc. Real Property Tax. Remanded with Instructions. Board Members concur.

98-T-384, 98-T-385 Board of Education of the Whitehall City School District v. Franklin County Board of Revision, the Auditor of Franklin County and Buckwheat Ltd./Candida Ltd. Real Property Tax. Remanded with Instructions. Board Members concur.

98-G-412, 99-G-244 L-S II Electro Galvanizing Company v. Roger W. Tracy, Tax Commissioner of Ohio and L-S II Electro Galvanizing Company v. James J. Lawrence, Tax Commissioner of Ohio. Use Tax. Tax Commissioner reversed-remanded. Board Members concur.

99-A-557 City of Columbus/PNL Asset Management, L.P. v. Franklin County Board of Revision and Franklin County Auditor. Real Property Tax. Value Found. Board Members concur.

99-J-686 Metro Medical Park, L.P. v. Franklin County Auditor, and Franklin County Board of Revision and Dublin Board of Education. Real Property Tax. Value Found. Board Members concur.

99-R-773, 99-R-774 Greenville Associates Limited Partnership v. Darke County Board of Revision, Darke County Auditor, and Greenville Consolidated School District Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

99-E-1260 John B. Pirret v. Allen County Board of Revision and Allen County Auditor. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

99-R-1310 Edgewater Yacht Club v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Board of Education. Real Property Tax. Value Found. Board Members concur.

99-S-1359 Sidney D. Perkins or Barbara Perkins, Trustees &/or Successor Trustees of The Perkins Family Trust Agreement v. Holmes County Board of Revision and the Holmes County Auditor. Real Property Tax. Remanded with Instructions. Board Members concur.

99-S-1367 Youngstown Foursquare Church (aka Fifth Avenue Community Church)/International Church of the Foursquare Gospel v. Thomas M. Zaino, Tax Commissioner of Ohio. Exemption. Tax Commissioner affirmed. Board Members concur.

99-T-1690 Mayfield City School District Board of Education v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and Gates Mills I, Ltd. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-S-340, 00-S-341 Brittany Hills, Ltd. v. Franklin County Board of Revision, Franklin County Auditor and the Board of Education of the South-Western City Schools District. Real Property Tax. Value Found. Board Members concur.

00-R-631 Vincent A. Auciello v. Hamilton County Board of Revision and Hamilton County Auditor. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-L-720, 00-L-721 Euclid City School District Board of Education v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor, SMJ Growth Corporation. Real Property Tax. Remanded with Instructions. Board Members concur.

00-P-783, 00-P-784 USG Interiors, Inc. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Westlake Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

00-P-896 National Office Services, Inc. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Board of Education for the Berea City School District. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-A-923 Board of Education of the Columbus City Schools v. Franklin County Board of Revision, Franklin County Auditor and Taveus D. & Caroline V. Hawkins. Real Property Tax. Remanded with Instructions. Board Members concur.

00-N-968, 00-N-1352 Maple Heights Board of Education v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and QRS 11-27 (OH), Inc. Real Property Tax. Upon Reconsideration, Appeals Dismissed. Board Members concur.

00-S-1442 Darden Restaurants, dba Olive Garden v. Licking County Board of Revision, Licking County Auditor, and the Board of Education of the Heath City School District. Real Property Tax. Remanded with Instructions. Board Members concur.

00-S-1575 A.M. Castle Co. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Board of Education of the Orange City School District. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-S-1576 A.M. Castle Co. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Board of Education of the Orange City School District. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-S-1577 A.M. Castle Co. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Board of Education of the Orange City School District. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-S-1578 A.M. Castle Co. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Board of Education of the Orange City School District. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-P-1582, 00-P-1583 Greater Abyssinian Housing Corp., Inc. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Cleveland Municipal School District Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-A-1588 Specialty Restaurants Corporation and City of Cleveland (as their interests may apply) v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Cleveland Municipal School District Board of Education. Real Property Tax. Board of Revision affirmed. Mr. Johnson and Ms. Jackson concur. Ms. Margulies dissents.

00-S-1633 William J. Caudill Sr. & Deborah M. Caudill v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-S-1642 Karyn Faulkner v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-S-1648 Nicholas P. & Patricia Mayer v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Westlake Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-S-1743, 00-S-1744 As of 3/30/95 The Lamson & Sessions Co. As of 3/8/00 Thyssen Borngmisla, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Beachwood City School District Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-V-1805 Gordon W. Butterfield v. Hamilton County Board of Revision and Hamilton County Auditor. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-T-1845, 01-T-115, 01-T-116 Myron M. Miller Trust Fund, Melvyn Howard, Trustee v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor, and the Euclid City School District Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-M-1846, 00-M-1847 Michael Montlack, Trustee (Prior) Montlack Realty Limited Partnership (Current) v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor, and the Cleveland Municipal Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-P-1867 Owner as of 2/28/95 Manor Healthcare Corp. (current owner: Pita General Corp.) v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Westlake Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

00-A-2017, 00-A-2040 Epsilon of Chagrin Falls, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Chagrin Falls Exempted Village School District Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

01-B-78 Board of Education of the Westerville City School District v. Franklin County Board of Revision and Franklin County Auditor and I/M Development Co. Real Property Tax. Remanded with Instructions.

01-A-90 Ralph E. & Linda D. Borders v. Thomas M. Zaino, Tax Commissioner of Ohio. Remission. Tax Commissioner affirmed. Board Members concur.

DISMISSALS AND STIPULATIONS

97-R-1121 AgCredit, Agricultural Credit, Association v. Thomas M. Zaino, Tax Commissioner of the State of Ohio. Franchise Tax. Dismissed. Board Members concur.

99-L-1067 CoBank, ACB v. Thomas M. Zaino, Tax Commissioner of the State of Ohio. Franchise Tax. Dismissed. Board Members concur.

99-L-1068 CoBank, ACB v. Thomas M. Zaino, Tax Commissioner of the State of Ohio. Dismissed. Board Members concur.

99-G-1602 Kensington Place, Inc. v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Columbus City Schools. Real Property Tax. Stipulated. Board Members concur.

99-B-1985 Este Corporation v. Franklin County Board of Revision, Franklin County Auditor, and the Board of Education of the Groveport-Madison Local Schools District. Real Property Tax. Dismissed. Board Members concur.

99-A-2007, 99-A-2008

Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Elton and Joan Katz. Real Property Tax. Stipulated. Board Members concur.

99-L-2033, 99-L-2034, 99-L-2035, 99-L-2036, 99-L-2037

American Steel Foundaries (Amstead Industries Inc.) v. Stark County Board of Revision, Stark County Auditor and Alliance City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-N-2040, 99-N-2041

Harborview Investments v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Cleveland Municipal School District. Real Property Tax. Stipulated. Board Members concur.

99-G-2052 Board of Education of the Columbus City School District v. Franklin County Board of Revision, Franklin County Auditor and QHG of Ohio, The Ohio State University. Real Property Tax. Stipulated. Board Members concur.

00-M-134 Marsol Apartments Co., Ltd. Part. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Mayfield City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-R-164 Sisters of St. Joseph v. Thomas M. Zaino, Tax Commissioner of the State of Ohio. Exemption. Dismissed. Board Members concur.

00-V-225 Techpark Ltd. Part. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Board of Education of the Berea City School District. Real Property Tax. Dismissed. Board Members concur.

00-S-389 North Olmsted City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and BP Exploration & Oil. Real Property Tax. Stipulated. Board Members concur.

00-M-425, 00-M-426

Board of Education of the Dublin City Schools v. Franklin County Board of Revision, Franklin County Auditor and Benito Ciotola. Real Property Tax. Stipulated. Board Members concur.

00-V-548, 00-V-551

Legacy Properties Investment IX, LTD v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Cuyahoga Heights City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-G-716 Brazos Automotive Properties, LP v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Municipal School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-T-1266 Edmund J. & Bertha A. Kolaczkowski v. Mercer County Board of Revision, Mercer County Auditor and Celina City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-T-1275 Stone Container Corpoation (Smurfit-Stone Container Corp.) v. Ashtabula County Board of Revision and Ashtabula County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-J-1353 Valley York Apartments v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Parma City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-R-1367 Wal Mart Properties Inc. v. Lawrence County Board of Revision and the Lawrence County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-T-1444 State Farm Mutual Automobile Insurance Co. v. Licking County Board of Revision, Licking County Auditor and Granville Exempted Village School District. Real Property Tax. Dismissed. Board Members concur.

00-T-1469 Wayne Koury and Cynthia G. Koury v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Mayfield Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-P-1813 Board of Education of the Youngstown City School District v. Thomas M. Zaino, Tax Commissioner of Ohio. Exemption. Dismissed. Board Members concur.

00-M-1952, 00-M-1953, 00-M-1954

As of 01/01/99 Jeanne Newman & Elizabeth As of 04/12/99 SBP Limited Partnership, an Ohio limited partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Warrensville Heights/Orange School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-R-2022 Heritage Inn of Akron, Inc. v. Summit County Board of Revision, Summit County Auditor, and Copley-Fairlawn City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-S-2036 BIT Holdings Thirty Inc. v. Summit County Board of Revision, Summit County Auditor, and Revere Local School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-S-2067 Kenilworth Estates, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Lakewood Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-N-2069 Primrose D. Bonta v. Franklin County Board of Revision and Franklin County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-T-2092 Per Tax Bill: Third National Bank & Trust Company nka Key Bank National Association (KeyCorp.) v. Montgomery County Board of Revision, Montgomery County Auditor and Dayton City School Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-S-2095 Elaine F. Porchetti v. Franklin County Board of Revision and Franklin County Auditor. Real Property Tax. Stipulated. Board Members concur.

01-M-21 Dayton Board of Education v. Montgomery County Board of Revision, Montgomery County Auditor, and NBC USA Housing, Inc. 8. Real Property Tax. Dismissed. Board Members concur.

01-R-28 John B. Sotman v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Stipulated. Board Members concur.

01-T-205 Ottawa Market, Inc. v. Thomas M. Zaino, Tax Commissioner of the State of Ohio. Sales Tax. Dismissed. Board Members concur.

01-A-315 Ford Motor Company v. Thomas M. Zaino, Tax Commissioner of Ohio. Use Tax. Dismissed. Board Members concur.

01-V-374 Dr. Carrie M. Hansen, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Penalty Remission. Dismissed. Board Members concur.

MISCELLANEOUS

98-L-688 Louis Lefkowitz, Trustee v. Wayne County Board of Revision and the Wayne County Auditor. Real Property Tax. Certification. Board Members concur.

98-K-698 Russell E. Kamppel and Carrie M. Kemppel v. Roger W. Tracy, Tax Commissioner of Ohio. Income Tax. Certification. Board Members concur.

98-M-983 Board of Education of Kettering-Moraine City School District v. Montgomery County Board of Revision, Montgomery County Auditor and Georgetown of Kettering, Ltd. Real Property Tax. Certification. Board Members concur.

98-A-1045, 98-A-1087

ADM/Countrymark LLC v. Lucas County Board of Revision, Lucas County Auditor, and the Board of Education for the Toledo Public Schools. Real Property Tax. Certification Upon Settlement of Appeal. Mr. Johnson and Ms. Margulies concur. Ms. Jackson not participating.

98-L-1420, 98-L-1421, 98-L-1422, 98-L-1423

Penn Fuel Corporation v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Remand. Board Members concur.

99-T-1462, 99-T-1463, 99-T-1464

Cincinnati School District Board of Education v. Hamilton County Board of Revision, Hamilton County Auditor and Mirge, Inc. Real Property Tax. Certification. Board Members concur.

99-P-1827 Prefco IV Ltd. Part., A Conn. Ltd. Part. and Key corp. dba Key Bank, Successor Lessee et al. v. Cuyahoga County Board of Revision, Cuyahoga County auditor, and Cleveland Board of Education. Real Property Tax. Correcting Order. Board Members concur.

99-N-1984 Pacificorp Capital v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Remand. Board Members concur.

00-M-655 James A. Conrad, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Remand. Board Members concur.

00-L-902 AWT Properties, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Board of Education of the Cleveland Municipal School District. Real Property Tax. Correcting Order. Board Members concur.

01-M-126 James Allen v. Thomas M. Zaino, Tax Commissioner of Ohio. Remission. Remand. Board Members concur.

INTERIM ORDERS ISSUED BY ATTORNEY EXAMINERS

99-T-1477 Columbus City School District Board of Education v. Franklin County Board of Revision, the Franklin County Auditor, and Brehm Builders, Inc. Real Property Tax. Requiring Property Owner to Show Cause.

00-J-488, 00-J-489, 00-J-2096

Strongsville Board of Education and City of Strongsville and Duke-Weeks Realty Corp. v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Consolidated.

00-G-1555, 00-G-1556, 00-G-1612, 00-G-1613

Cleveland Municipal School District Board of Education and HH Bridge LP (Owner as of 8/18/98) v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Consolidated.

00-T-2076 1061 Properties, Ltd. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Cleveland Municipal School District Board of Education. Real Property Tax. Compelling Discovery.

01-A-102 175 Broadway Limited v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Bedford Board of Education. Real Property Tax. Granting Motion, in part.

01-J-258, 01-J-259

Cleveland Municipal School District Board of Education v. Cuyahoga County Auditor, Cuyahoga County Board of Revision and Private Physicians Office Building. Real Property Tax. Requiring Appellee to Show Cause.

01-L-379, 01-L-392, 01-L-393

Berea City School District Board of Education and Tower In The Park Limited Partnership v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Consolidated.