12:00 P.M. FRIDAY
July 18, 1997
93-D-486 Kempf Surgical Appliances, Inc.
v. Roger W. Tracy, Tax Commissioner of Ohio. Sales and Use Tax.
Tax Commissioner affirmed on Remand. Board Members concur.
95-T-393 Buchtel Food, Inc. v. Roger W.
Tracy, Tax Commissioner of Ohio. Sales Tax Refund. Tax Commissioner
affirmed. Board Members concur.
96-M-811 Northcoast Christian Center v.
Roger W. Tracy, Tax Commissioner of Ohio. Exemption. Tax Commissioner
reversed. Board Members concur.
96-T-1058 Pine Grove Ltd. v. Franklin County
Board of Revision and The Franklin County Auditor. Real Property
Tax (CAUV). Board of Revision affirmed. Mr. Johnson and Ms.
Jackson concur. Mr. Manoranjan not participating.
96-R-1797 Michael Dervos v. Roger W. Tracy,
Tax Commissioner of Ohio. Remission. Tax Commisioner affirmed.
Board Members concur.
THE FOLLOWING CASES TERMINATED UNDER THE
AUTHORITY OF SHARON VILLAGE LTD. v. LICKING CTY. BD. OF REVISION
(1997), 78 Ohio St. 3d 479:
94-M-1232 National Church Residence v. Licking
County Board of Revision and the Licking County Auditor. Real
Property Tax. Lack of Jurisdiction--dismissed. Board Members
concur.
94-M-1233 Newark Company Partnership v.
Licking County Board of Revision, Licking County Auditor and the
Newark City Schools Board of Education. Real Property Tax. Lack
of Jurisdiction--dismissed/Remanded. Board Members concur.
94-M-1234 Newark Ohio Townhouses LTD v.
Licking County Board of Revision, Licking County Auditor and the
Newark City Schools Board of Education. Real Property Tax. Lack
of Jurisdiction--dismissed. Board Members concur.
94-B-1235 Meigs County Elderly Housing Corp.
v. Meigs County Board of Revision and the Meigs County Auditor.
Real Property Tax. Lack of Jurisdiction--dismissed. Board Members
concur.
94-M-1369 Health Care Property Investors
v. Licking County Board of Revision, Licking County Auditor and
the Newark City Schools Board of Education. Real Property Tax.
Lack of Jurisdiction--dismissed. Board Members concur.
94-M-1370 Log Pond, LTD v. Licking County Board of Revision, Licking County Auditor and the Newark City Schools Board of Education. Real Property Tax. Lack of Jurisdiction--dismissed/Remanded.
Board Members concur.
95-M-74 JMW Realty Co. v. Licking County
Board of Revision, Licking County Auditor and the Newark City
Schools Board of Education. Real Property Tax. Lack of Jurisdiction--dismissed.
Board Members concur.
95-M-75 Newark Village Ltd. v. Licking County
Board of Revision, Licking County Auditor and the Newark City
Schools Board of Education. Real Property Tax. Lack of Jurisdiction--dismissed.
Board Members concur.
95-G-784 Pinehurst Ltd. v. Pike County Board
of Revision, Pike County Auditor and Waverly City Schools Board
of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-S-1048, 95-S-1049
Belltowne Apartments Ltd. v. Franklin County
Board of Revision, Franklin County Auditor and the Gahanna-Jefferson
Board of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-R-1050, 95-R-1051
Belltowne Apartments Ltd. v. Franklin County
Board of Revision, Franklin County Auditor and the Columbus Board
of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-P-1079, 95-P-1080
Frank E. Cordray v. Franklin County Board
of Revision, Franklin County Auditor and Board of Education of
the Worthington City School District. Real Property Tax. Board
of Revision affirmed. Ms. Jackson and Mr. Manoranjan concur.
Mr. Johnson not participating.
95-S-1081, 95-S-1082
Aureus v. Franklin County Board of Revision,
Franklin County Auditor and the Worthington Board of Education.
Real Property Tax. Board of Revision affirmed. Ms. Jackson
and Mr. Manoranjan concur. Mr. Johnson not participating.
95-T-1083, 95-T-1084
New Winchester Gardens v. Franklin County
Board of Revision, Franklin County Auditor and the Groveport-Madison
Board of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-M-1086, 95-M-1087, 95-M-1088, 95-M-1089, 95-M-1090, 95-M-1091
Bryson Properties XVII v. Franklin County
Board of Revision, Franklin County Auditor and the Board of Education
of the Worthington City School District. Real Property Tax.
Board of Revision affirmed. Ms. Jackson and Mr. Manoranjan concur.
Mr. Johnson not participating.
95-N-1097, 95-N-1098
Lynsco Properties v. Franklin County Board
of Revision, Franklin County Auditor and the Columbus City Schools
Board of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-M-1104, 95-M-1105
Lee Plaza Corporation v. Franklin County
Board of Revision, Franklin County Auditor and the Board of Education
of the Westerville City School District. Real Property Tax.
Board of Revision affirmed. Board Members concur.
95-B-1106 Brown-Benchmark Prop. L.P. v.
Franklin County Board of Revision, Franklin County Auditor and
the Board of Education of the Reynoldsburg City School District.
Real Property Tax. Board of Revision affirmed. Board Members
concur.
95-B-1107 Brown-Benchmark Prop. L.P. v.
Franklin County Board of Revision, Franklin County Auditor and
the Board of Education of the Reynoldsburg City School District.
Real Property Tax. Board of Revision affirmed. Board Members
concur.
95-P-1108, 95-P-1109
Danberry Construction Co. v. Franklin County
Board of Revision, Franklin County Auditor and Board of Education
of the Dublin City School District. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-A-1110, 95-A-1111
Kathleen Larsen v. Franklin County Board
of Revision, Franklin County Auditor and the Board of Education
of the Worthington City School District. Real Property Tax.
Board of Revision affirmed. Board Members concur.
95-N-1112, 95-N-1113
Jerry T. Greer, Trustee v. Franklin County
Board of Revision, Franklin County Auditor and the Columbus City
Schools Board of Education. Real Property Tax. Board of Revision
affirmed. Board Members concur.
95-K-1114, 95-K-1115
Hayden Road Plaza, Ltd. v. Franklin County
Board of Revision, Franklin County Auditor and the Dublin City
Schools Board of Education. Real Property Tax. Board of Revision
affirmed. Board Members concur.
95-J-1116, 95-J-1117
Hillhaven Corp. v. Franklin County Board
of Revision, Franklin County Auditor and the Canal Winchester
Board of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-M-1159, 95-M-1160
State of Ohio, Dir-Development v. Franklin
County Board of Revision, Franklin County Auditor and the Hilliard
City Schools Board of Education. Real Property Tax. Board of
Revision affirmed. Board Members concur.
95-M-1161, 95-M-1162
Vince K. Oliver v. Franklin County Board
of Revision, Franklin County Auditor and the Board of Education
of the Whitehall City School District. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-M-1163, 95-M-1164
Americus Properties L.P. v. Franklin County
Board of Revision, Franklin County Auditor and the Board of Education
of the Columbus City School District. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-M-1165, 95-M-1166
Bert Lindsay v. Franklin County Board of
Revision, Franklin County Auditor and the Groveport Madison Board
of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-D-1169, 95-D-1170, 95-D-1171, 95-D-1172
Partrician Partners v. Franklin County Board
of Revision, Franklin County Auditor and the Columbus CSD Board
of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-T-1173, 95-T-1174
DLZ Corporation v. Franklin County Board
of Revision, Franklin County Auditor and the Worthington Board
of Education. Real Property Tax. Board of Revision affirmed.
Mr. Johnson and Ms. Jackson concur; Mr. Manoranjan not participating.
95-G-1175, 95-G-1176
Silver Drive Partners v. Franklin County
Board of Revision, Franklin County Auditor and the Columbus Board
of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-N-1177, 95-N-1178
Jefferson Commons Co. v. Franklin County
Board of Revision, Franklin County Auditor and the Groveport Madison
Board of Education. Real Property Tax. Board of Revision affirmed.
Board Members concur.
95-N-1179, 95-M-1180
Antonio and Nicolina Capoccia v. Franklin
County Board of Revision, Franklin County Auditor and the Board
of Education of the Worthington City School District. Real Property
Tax. Board of Revision affirmed. Ms. Jackson and Mr. Manoranjan
concur. Mr. Johnson not participating.
95-S-1181, 95-S-1182
Mettler-Toledo, Inc. v. Franklin County
Board of Revision, Franklin County Auditor and the Worthington
Board of Education. Real Property Tax. Board of Revision affirmed.
Ms. Jackson and Mr. Manoranjan concur; Mr. Johnson not participating.
95-A-1183, 95-A-1184
A-1 Nursing Care, Inc. v. Franklin County
Board of Revision, Franklin County Auditor and the Columbus City
Schools Board of Education. Real Property Tax. Board of Revision
affirmed. Mr. Johnson and Ms. Jackson concur. Mr. Manoranjan
not participating.
95-R-1185, 95-R-1186
T & R Properties, Inc. v. Franklin County
Board of Revision, Franklin County Auditor and the Board of Education
of the Dublin City School District. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-G-1187, 95-G-1188
Dearth Management, Inc. v. Franklin County
Board of Revision, Franklin County Auditor and the Board of Education
of the Worthington City School District. Real Property Tax.
Board of Revision affirmed. Ms. Jackson and Mr. Manoranjan concur.
Mr. Johnson not participating.
95-K-1189, 95-K-1190
Par Properties of Ohio v. Franklin County
Board of Revision, Franklin County Auditor and the Hilliard City
School District Board of Education. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-P-1191, 95-P-1192
Sturbridge Green Ltd. v. Franklin County
Board of Revision, Franklin County Auditor and Board of Education
of the Hilliard City School District. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-N-1193, 95-N-1194
Harding Hospital Asset Holding Co. v. Franklin County Board of Revision, Franklin County Auditor and the Columbus City Schools Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.
95-P-1292, 95-P-1293
BOA Limited Part. v. Franklin County Board
of Revision, Franklin County Auditor and Board of Education of
the Upper Arlington City School District. Real Property Tax.
Board of Revision affirmed. Board Members concur.
95-T-1294, 95-T-1295
ESW Building Association, L.P. v. Franklin
County Board of Revision, Franklin County Auditor and the Worthington
Board of Education. Real Property Tax. Board of Revision affirmed.
Ms. Jackson and Mr. Manoranjan concur; Mr. Johnson not participating.
95-S-1296, 95-S-1297
Olentangy Building & Development Co.
v. Franklin County Board of Revision, Franklin County Auditor
and the Worthington Board of Education. Real Property Tax. Board
of Revision affirmed. Board Members concur.
95-A-1308, 95-A-1309
Olentangy Commerce Center v. Franklin County
Board of Revision, Franklin County Auditor and the Board of Education
of the Grandview Heights City School District. Real Property
Tax. Board of Revision affirmed. Board Members concur.
DISMISSALS AND STIPULATIONS
96-T-443 Thomas M. Byrne, Trustees v. Cuyahoga
County Board of Revision, Cuyahoga County Auditor and the Cleveland
Board of Education. Real Property Tax. Stipulated. Board Members
concur.
96-R-551 Joseph P. Nigro, Trustee, Appliance
City, Inc., a Subdivision of The Appliance Store v. Roger W. Tracy,
Tax Commissioner of Ohio. Sales Tax Refund. Dismissed. Board
Members concur.
96-J-627 King James Park Ltd. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Westlake Board of Education. Real Property Tax. Stipulated. Board Members concur.
96-A-775 W. B. Risman and Robert R. Risman
v. Cuyahoga County Board of Revision, Cuyahoga County Auditor
and the Garfield Heights Board of Education. Real Property Tax.
Stipulated. Board Members concur.
96-J-930 Rittal Corp. v. Clark County Board
of Revision and Clark County Auditor. Real Property Tax. Stipulated.
Board Members concur.
96-G-1070 Gross, Marvin J. v. Cuyahoga County
Board of Revision, Cuyahoga County Auditor and the Berea City
School District Board of Education. Real Property Tax. Stipulated.
Board Members concur.
96-D-1095 Prime Properties Ltd. Partnership
v. Board of Revision of Cuyahoga County, Auditor of Cuyahoga County
and the Cleveland Board of Education. Real Property Tax. Stipulated.
Board Members concur.
96-S-1101 Baker, Myron & R. W. Dragin,
et al. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor
and the Orange City School District Board of Education. Real
Property Tax. Stipulated. Board Members concur.
96-G-1252 Weston Limited Inc. v. Cuyahoga
County Board of Revision, Cuyahoga County Auditor and the Cleveland
Board of Education. Real Property Tax. Dismissed. Board Members
concur.
96-G-1326 Cleveland Board of Education v.
Cuyahoga County Board of Revision, Cuyahoga County Auditor and
the Walstein Group, Inc. Real Property Tax. Stipulated. Board
Members concur.
96-J-1420, 96-J-1421
Northern Ohio Metalfab Maintenance Div.
Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax.
Dismissed. Board Members concur.
96-T-1443 OTR v. Cuyahoga County Board of
Revision, Cuyahoga County Auditor and the Shaker Heights Board
of Education. Real Property Tax. Stipulated. Board Members
concur.
96-A-1612 First National Supermarkets v. Roger W. Tracy, Tax Commissioner of Ohio. Franchise Tax. Dismissed. Board Members concur.
97-G-198 Equity Beachwood LTD, Partnership
v. Cuyahoga County Board of Revision, Cuyahoga County Auditor
and the Beachwood Board of Education. Real Property Tax. Stipulated.
Board Members concur.
97-D-449 Jeffrey J. and JoAnne M. Pritchard
v. Board of Revision of Ashtabula County and the Auditor of Ashtabula
County. Real Property Tax. Stipulated. Board Members concur.
MISCELLANEOUS
93-T-28, 93-T-29, 93-T-49, 93-T-50, 93-T-51, 93-T-52
Reynoldsburg City Schools Board of Education
v. Franklin County Board of Revision, Franklin County Auditor,
King Development Co. and Crofton Partners I & Crofton Partners
II. Real Property Tax. Certification. Mr. Johnson and Ms. Jackson
concur. Mr. Manoranjan not participating.
93-A-172 Chatterton Club, L.P. v. Franklin
County Board of Revision, Franklin County Auditor and Groveport
Madison Local Schools Board of Education. Real Property Tax.
Certification. Board Members concur.
94-N-27 Samuel Zell, Trustee v. Hamilton
County Board of Revision, Hamilton County Auditor and the Cincinnati
School District Board of Education. Real Property Tax. Certification.
Board Members concur.
94-H-167, 94-H-168
Bush & Cook Leasing, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Franchise Tax.
Certification. Board Members concur.
94-P-759 C.O.A. Housing, Inc. v. Van Wert
County Board of Revision, et al. Real Property Tax. Certification.
Board Members concur.
95-S-1074 Robert Cheek, Resp. Party of Gulliver's
Travel Plaza, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio.
Officer Liability. Correcting Order. Board Members concur.
96-M-614* York-Pearl Associates, An Ohio Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Parma Board of Education. Real Property Tax. Denying Motion for Reconsideration. Board Members concur.
96-P-1769 Red Holtz, Inc., Charles G. Nemeth,
Receiver v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax.
Remand. Board Members concur.
96-K-1822, 96-K-1823
Slate Run Apartments of Bedford, Ltd. v.
Cuyahoga County Board of Revision, Cuyahoga County Auditor and
the Bedford Board of Education. Real Property Tax. Remand.
Board Members concur.
97-K-89 Morgan Harris, Jr., DBA RJM Financial
Service v. Cuyhoga County Board of Revision, Cuyahoga County Auditor
and the East Cleveland Board of Education. Real Property Tax.
Remand. Board Members concur.
97-P-180 ERX Logistics, LLC v. Roger W.
Tracy, Tax Commissioner of Ohio. Sales Tax. Remand. Board Members
concur.
INTERIM ORDERS ISSUED BY ATTORNEY
EXAMINERS
96-P-815 United Church Residences of Bellefontaine
OH v. Logan County Board of Revision and the Logan County Auditor.
Real Property Tax. Modifying Subpoena to Tax Consultant.
96-P-815 United Church Residences of Bellefontaine OH v. Logan County Board of Revision and the Logan County Auditor. Real Property Tax.
Modifying Subpoena to Appellant.
96-T-1200, 97-T-248
The Governing Board of The Gallia County
Educational Service Center Serving the Gallia County Local School
District Board of Education v. The Gallia County Budget Commission
and the Jackson County Budget Commission. Budget Commission.
Assigning Briefing Dates.
96-P-1396 Shell Oil Company v. Roger W.
Tracy, Tax Commissioner of Ohio. Franchise Tax. Granting Motion
to Practice.
97-G-491, 97-G-492, 97-G-508
Board of Education for the Orange City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and William B. Risman (TRS Under 10/29/87 Declaration of Trust of William B. Risman)
William B. Risman (TRS Under 10/29/87 Declaration
of Trust of William B. Risman v. Cuyahoga County Board of Revision,
Cuyahoga County Auditor and the Board of Education for the Orange
City School District. Real Property Tax. Consolidated.
97-G-493, 97-G-494, 97-G-511
Board of Education for the Orange City School District v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and W. B. & R. R. Risman Builders, et al.
W. B. & R. R. Risman Builders, et al.
v. Cuyahoga County Board of Revision, Cuyahoga County Auditor
and the Orange City School District. Real Property Tax. Consolidated.
97-T-612, 97-T-701
Independence Board of Education/Harley Hotels
and Cuyahoga County v. Cuyahoga County Board of Revision and the
Cuyahoga County Auditor. Real Property Tax. Consolidated.
97-G-665, 97-G-666
Central Valley Properties v. Cuyahoga County
Board of Revision, Cuyahoga County Auditor and the Independence
Board of Education. Real Property Tax. Consolidated.
97-R-667, 97-R-668
Hub Valley Realty v. Cuyahoga County Board
of Revision, Cuyahoga County Auditor and Independence Board of
Education. Real Property Tax. Consolidated.
97-P-670, 97-P-671
Hub Valley Realty v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Independence Board of Education. Real Property Tax. Consolidated.