OHIO BOARD OF TAX APPEALS

5:00 P.M. FRIDAY

June 4, 1998

MERIT DOCKET

96-D-245 Reiner Development Corp., Karl Reiner, et al. v. Board of Revision of Franklin County, and Auditor of Franklin County. Real Property Tax. Board of Revision reversed-remanded. Board Members concur.

96-J-1165 Comet Group Ltd. v. Franklin County Auditor and Franklin County Board of Revision and Columbus Board of Education. Real Property Tax. Real Property Tax. Remanded with Instructions upon Reconsideration. Board Members concur.

96-T-1309, 96-T-1414 Mayfield City School District Board of Education v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and Gates Mills I, Inc. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

97-D-132 Columbus City School District Board of Education v. Board of Revision of Franklin County, Auditor of Franklin County, and Almondtree Apartments of Columbus, Ltd. Real Property Tax. Board of Revision reversed-remanded. Board Members concur.

97-D-215 A.D.P., Inc. v. Board of Revision of Cuyahoga County, Auditor of Cuyahoga County, and Independence Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

97-D-238, 97-D-239 Epsilon of Chagrin Falls, Inc. v. Board of Revision of Cuyahoga County, Auditor of Cuyahoga County, and Chagrin Falls Exempted Village School District Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

97-P-324 National City Bank of Cleveland v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Cleveland Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-D-341 North Olmsted Golf Course, Inc. v. Board of Revision of Cuyahoga County, Auditor of Cuyahoga County, and North Olmsted Board of Education. Real Property Tax. Board of Revision reversed-remanded. Board Members concur.

97-D-405 Beachwood City School District Board of Education v. Board of Revision of Cuyahoga County, Auditor of Cuyahoga County, and Orchard's Way Realty, Inc. Real Property Tax. Board of Revision affirmed. Board Members concur.

97-D-436, 97-D-437 Federal Reserve Bank of Cleveland v. Board of Revision of Cuyahoga County, Auditor of Cuyahoga County, and Cleveland Board of Education. Real Property Tax. Board of Revision affirmed. Board Members concur.

97-P-444 Border Express, L.L.C. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Parma Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-P-445 Border Express, L.L.C. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Parma Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-P-446 Border Express, L.L.C. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Parma Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-P-447 Border Express, L.L.C. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Parma Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-T-452, 97-T-453, 97-T-454, 97-T-455 Board of Education of the Columbus City Schools v. Franklin County Board of Revision, the Auditor of Franklin County and Grandview Building. Real Property Tax. Remanded with Instructions. Board Members concur.

97-J-658, 97-J-959 Sovran Acquisition Limited Partnership v. Board of Revision of Cuyahoga County and Cuyahoga County Auditor. Real Property Tax. Remanded with Instructions. Board Members concur.

97-A-753 The Lyden Company v. Fayette County Board of Revision and Fayette County Auditor. Real Property Tax. Value Found. Board Members concur.

97-T-1150 David and Cynthia Mueller v. Hamilton County Board of Revision and the Auditor of Hamilton County. Real Property Tax. Value Found. Board Members concur.

97-J-1318 Arizona Funding Corporation v. Cuyahoga County Board of Revision and Cuyahoga County Auditor and Parma City School District Board of Education. Real Property Tax. Remanded with Instructions. Board Members concur.

97-J-1451 John Unzicker v. Butler County Auditor and Butler County Board of Revision. Real Property Tax. Remanded with Instructions. Board Members concur.

97-R-1686 Cincinnati School District Board of Education v. Hamilton County Board of Revision, the Hamilton County Auditor, and Gwynne Building Partners. Real Property Tax. Entering Voluntary Dismissal. Board Members concur.

98-A-102 Miamisburg City School District Board of Education v. Montgomery County Board of Revision, Montgomery County Auditor, and Blake Brothers Corporation. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

98-A-103 Miamisburg City School District Board of Education v. Montgomery County Board of Revision, Montgomery County Auditor and Super Food Services, Inc. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

98-P-224 Developers Diversified Realty Corporation v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Board of Education of the Mayfield City School District. Real Property Tax. Remanded with Instructions. Board Members concur.

98-L-234 Mayfield City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Developers Diversified Realty Corp. Real Property Tax. Board of Revision affirmed. Board Members concur.

98-B-404 Ned B. and Pamela A. Heminger v. Roger W. Tracy, Tax Commissioner of Ohio. Penalty Remission. Tax Commissioner affirmed. Board Members concur.

98-J-416 Donald Thorne, Officer of Trans World Telephone, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed. Board Members concur.

98-D-439 Anthony-Thomas Candy Company v. Board of Revision of Franklin County, Auditor of Franklin County, and City of Columbus School District Board of Education. Real Property Tax. Board of Revision reversed-remanded. Board Members concur.

98-N-456 Kirk Accounting & Consulting, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board Members concur.

98-L-459 William P. Braukman, Responsible Party of Rainbow Graphics Technology v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed. Board Members concur.

98-D-599 James A. Goldman and Sarah B. Goldman v. Board of Revision of Hamilton County and the Auditor of Hamilton County. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

98-G-619 Names for Dames, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board Members concur.

98-J-848 Michael Valigore, DBA Valigore Topsoil v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner reversed. Board Members concur.

98-T-1340 Adriatic, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board Members concur.

DISMISSALS AND STIPULATIONS

97-K-426 Rock Glen Associates, Ltd. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Cleveland Board of Education. Real Property Tax. Stipulated. Board Members concur.

97-K-427 Rock Glen Associates, Ltd. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Cleveland Board of Education. Real Property Tax. Stipulated. Board Members concur.

97-K-428 Rock Glen Associates, Ltd. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Cleveland Board of Education. Real Property Tax. Stipulated. Board Members concur.

97-R-708, 98-R-513, 98-R-527 Health Care REIT, Inc. v. Portage County Board of Revision, Portage County Auditor and the Kent City Board of Education. Real Property Tax. Stipulated. Board Members concur.

97-D-1109, 97-D-1110 Strongsville Board of Education and City of Strongsville v. Cuyahoga County Board of Revision, Auditor of Cuyahoga County, and W & F Strongsville, Inc. Real Property Tax. Stipulated. Board Members concur.

97-K-1307 Louis Stile v. Summit County Board of Revision and Summit County Auditor. Real Property Tax. Dismissed. Board Members concur.

97-J-1343 PHC Operating Corp., dba Columbus Quality Care Nursing and Rehabilitation Center v. Franklin County Board of Revision, Franklin County Auditor and South-Western City Schools Board of Education. Real Property Tax. Stipulated. Board Members concur.

97-T-1533 Normandy Associates Limited Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Rocky River Board of Education. Real Property Tax. Stipulated. Board Members concur.

97-P-1580 Alan B. Schaeffer, Trs. v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Stipulated. Board Members concur.

97-J-1660 Citi-Bedford Partners, A Calif. Ltd. Part. v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Stipulated. Board Members concur.

98-T-166, 98-T-230, 98-T-231 Pinetree Plaza Associates and Board of Education of the Orange City School District v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Stipulated. Board Members concur.

98-D-413 Board of Education of the Hilliard City School District v. Board of Revision of Franklin County, Auditor of Franklin County, and the Soma Company. Real Property Tax. Stipulated. Board Members concur.

98-D-414 Board of Education of the Hilliard City School District v. Board of Revision of Franklin County, Auditor of Franklin County and the Soma Company. Real Property Tax. Stipulated. Board Members concur.

98-D-423 Khadra Corp. dba Southside Market v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Dismissed. Board Members concur.

98-G-438 Knickerbocker Properties, Inc., XXV v. Franklin County Board of Revision, Franklin County Auditor and the Columbus-Southwestern City School District. Real Property Tax. Dismissed. Board Members concur.

98-M-436 Columbus City Schools Board of Education v. Franklin County Board of Revision, Franklin County Auditor and A-1 Nursing Care, Inc. Real Property Tax. Dismissed. Board Members concur.

98-L-457 Zuper Beverage, Inc., dba Mike's Corner Beverage v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Dismissed. Board Members concur.

98-D-564 Joseph C. and Patricia T. Perin v. Board of Revision of Clermont County and Auditor of Clermont County. Real Property Tax. Stipulated. Board Members concur.

98-L-591, 98-L-592 Dirtvest, Ltd. and 444-Sandhill Inc. v. Greene County Board of Revision and Green County Auditor. Real Property Tax. Stipulated. Board Members concur.

98-R-782 Sycon Corporation v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Property Tax. Dismissed. Board Members concur.

98-K-917 Clifford F. Drobnick, Trs. and Jeffrey I. Friedman, et al. v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Stipulated. Board Members concur.

98-K-918 Clifford F. Drobnick, Trs. and Jeffrey I. Friedman, et al. v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Stipulated. Board Members concur.

98-R-1090 Lorain County Savings & Trust Co. (Premier Savings & Trust-Coban Corp,.) v. Lorain County Board of Revision, the Lorain County Auditor and the Amherst Exempted School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

98-J-1147 Board of Education of the Hilliard City School District v. Franklin County Board of Revision, Franklin County Auditor and Soma Co. Real Property Tax. Stipulated. Board Members concur.

98-L-1404 Society Bank & Trust Now dba Key Bank v. Lucas County Board of Revision, Lucas County Auditor and Toledo City School District Board of Education. Real Property Tax. Stipulated. Mr. Johnson and Mr. Manoranjan concur. Ms. Jackson not participating.

99-D-125, 99-D-126 North Royalton City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Rahouse Inc., dba Royalwood. Real Property Tax. Dismissed. Board Members concur.

MISCELLANEOUS

95-P-595 Harsco Corporation v. Roger W. Tracy, Tax Commissioner of Ohio. Real Property Tax. Certification. Board Members concur.

96-J-999 Diab Shteiwi, dba The Great Steak & Fry Company v. Roger W. Tracy, Tax Commissioner of Ohio. Sales and Use Tax. Certification. Board Members concur.

96-J-1000 D & A Rofael Enterprises, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Sales and Use Tax. Certification. Board Members concur.

96-T-1290 Gates Mills I, Inc. v. Cuyahoga County Board of Revision, the Auditor of Cuyahoga County and The Mayfield City School District Board of Education. Real Property Tax. Dismissing Board of Education as a Party. Board Members concur.

97-J-387 KJG Landerbrook Office Park, Inc. v. Board of Revision of Cuyahoga County, Cuyahoga County Auditor and Mayfield City School District Board of Education. Real Property Tax. Dismissing Board of Education as Party. Board Members concur.

97-K-850, 97-K-851 LCI International Management Services, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Property Tax. Remand. Board Members concur.

97-M-1658 Richard L. Antonucci v. Roger W. Tracy, Tax Commissioner of Ohio. Personal Income Tax. Remand. Board Members concur.

97-K-1195 Tallmadge Board of Education v. Summit County Board of Revision, Summit County Auditor and the SidCo Associates, LLC. Real Property Tax. Retaining Jurisdiction. Board Members concur.

97-M-1540 Oakwood Garden Apartments Houston L.P., R & B Commercial Real Estate Services, Merry Land & Investment Co. v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Westlake Board of Education. Real Property Tax. Denying Reconsideration. Board Members concur.

97-A-1678 25651 Detroit Road Limited Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Westlake Board of Education. Real Property Tax. Dismissing Board of Education as a Party. Board Members concur.

97-A-1683 KSB Investments v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Lakewood Board of Education. Real Property Tax. Dismissing Board of Education as a Party. Board Members concur.

98-A-443 Southeastern Natural Gas Company of Ohio v. Roger W. Tracy, Tax Commissioner of Ohio. Public Utility Excise Tax. Remand. Board Members concur.

98-R-529 Ikon Office Solutions, Inc. v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Remand. Board Members concur.

98-M-671 Meijer, Inc. v. Clermont County Board of Revision, Clermont County Auditor and the West Clermont Local School District Board of Education. Real Property Tax. Retaining Jurisdiction. Board Members concur.

99-T-460 Michael W. and Barbara A. Snyder v. Roger W. Tracy, Tax Commissioner of Ohio. Remission. Remand. Board Members concur.

INTERIM ORDERS ISSUED BY ATTORNEY EXAMINERS

97-P-900 Park Ohio Industries, Inc./Park Drop Forge v. Cuyahoga County Board of Revision, the Cuyahoga County Auditor and the Board of Education of the Cleveland School District. Real Property Tax. Scheduling Hearing.

97-K-1195 Tallmadge Board of Education v. Summit County Board of Revision, Summit County Auditor and the SidCo Associates, LLC. Real Property Tax. Canceling Jurisdictional Hearing.

97-P-1664, 97-P-1665 Canton City School District Board of Education v. Stark County Board of Revision, the Stark County Auditor and Columbia CSA/HS Greater Canton Area Healthcare System LP. Real Property Tax. Scheduling Hearing.

98-M-235 Watch Management Systems, Inc. v. Hamilton County Board of Revision, Hamilton County Auditor and the Cincinnati School District Board of Education. Real Property Tax. Scheduling Jurisdictional Hearing.

98-L-677 Merillat Industries, Inc. v. Holmes County Board of Revision and the Holmes County Auditor. Real Property Tax. Requiring Appellant to Show Cause.

98-K-706, 98-K-709 Cincinnati Gas & Electric Co. v. Clermont County Board of Revision, Clermont County Auditor, Board of Trustees of Pierce Township, New Richmond Exempted Village Board of Education, U.S. Grant Vocational School District Board of Education. Real Property Tax. Granting Motions for Viewing.

98-K-707, 98-K-708 Cincinnati Gas & Electric Co. v. Clermont County Board of Revision, Clermont County Auditor, New Richmond Exempted Village Board of Education, U.S. Grant Vocational School District Board of Education, Washington Township Board of Trustees and the City of Moscow. Real Property Tax. Granting Motions for Viewing.