OHIO BOARD OF TAX APPEALS

12:00 P.M. FRIDAY

March 9, 2001

MERIT DOCKET

97-P-121 C. R. Noble, Eric Calabrese and Steven Calabrese v. Cuyahoga County Auditor and the Cuyahoga County Board of Revision. Real Property Tax. Board of Revision reversed-remanded. Board Members concur.

98-P-557 C. R. Noble, Eric Calabrese and Steven Calabrese v. Cuyahoga County Auditor and the Cuyahoga County Board of Revision. Real Property Tax. Board of Revision reversed-remanded. Board Members concur.

98-R-968 Abed, Inc., dba Patriot Food Mart v. Roger W. Tracy, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner affirmed. Board Members concur.

00-R-127 T.J. Schaefer & Associates v. Thomas M. Zaino, Tax Commissioner of Ohio. Personal Property Tax. Tax Commissioner affirmed. Board Members concur.

00-B-668 Midtown Industrial Warehouse, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Cleveland Municipal School District Board of Education. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-V-746 Sunder & Sunita Karamchandani v. Lucas County Board of Revision and the Lucas County Auditor. Real Property Tax. Value Found. Board Members concur.

00-A-974 Richard Benner v. Trumbull County Board of Revision and Trumbull County Auditor. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-L-1646 Dooley's Orchard L.P. v. Delaware County Board of Revision, Delaware County Auditor and Olentangy Local Schools Board of Education. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-M-2019 Cuyahoga Falls Board of Education v. Summit County Board of Revision, Summit County Auditor and the Riverside Community Urban Redevelopment Corp. Real Property Tax. Lack of Jurisdiction-dismissed. Board Members concur.

00-A-2082 Robert R. & Alexandria D. Wine v. Thomas M. Zaino, Tax Commissioner of Ohio. Remission. Tax Commissioner affirmed. Board Members concur.

01-A-42 Cleveland Championships 2000 v. City of Cleveland, Robert C. Brown, et al. Lack of Jurisdiction-dismissed. Board Members concur.

DISMISSALS AND STIPULATIONS

98-T-380, 98-T-381 Strongsville Board of Education and City of Strongsville v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, Dominic Tam, and Rose Chow Wah Tam. Real Property Tax. Stipulated. Board Members concur.

98-N-1146 Chernin Management Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the East Cleveland Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-L-218, 99-L-227, 00-L-552, 00-L-553 Beachwood Realty, Ltd. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Board of Education of the Beachwood City School District. Real Property Tax. Stipulated. Board Members concur.

99-R-433, 99-R-434, 99-R-441, 99-R-442 Metro City No. 1 v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Euclid Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-N-566, 00-N-567 Mercomp, Inc. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Municipal School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

99-N-1106, 99-N-1127 Marvin Chernin & Anita Lechner v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the East Cleveland Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-J-1201, 99-J-1202, 99-J-1205, 99-J-1206 System Property Development Co. and Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Stipulated. Board Members concur.

99-J-1224, 99-J-1235 Eugene Hershman, Trustee Under 8/1/87 E. Hershman Living Trust v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Dismissed. Board Members concur.

99-J-1381, 99-J-1382 Westgate Medical Bldg. Limited v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Fairview Park/Rocky River #2 Board of Education. Real Property Tax. Stipulated. Board Members concur.

99-S-1465 Copley-Fairlawn School District Board of Education v. Summit County Board of Revision, Summit County Auditor and E&A Northeast Limited Partnership. Real Property Tax. Dismissed. Board Members concur.

99-P-1977 Joseph Del Regno v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Dismissed. Board Members concur.

99-J-2045, 99-J-2046 Saltzman Burton I. v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Cleveland Municipal School District. Real Property Tax. Dismissed. Board Members concur.

99-R-2051 Board of Education of the Hilliard City Schools v. Franklin County Board of Revision, Franklin County Auditor and Avery Crossing Ltd. Real Property Tax. Stipulated. Board Members concur.

99-V-2086, 99-V-2087 American Municipal Power-Ohio, and Elkem Metals Company LP v. Washington County Board of Revision, Washington County Auditor and the Warren Local School District Board of Education. Real Property Tax. Granting Voluntary Dismissal of Elkem Metals Company LP, Appellant. Board Members concur.

00-A-30 Jeanne Newman and Elizabeth Rosenman v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Warrensville Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-L-38, 00-L-39 Tine Partners, An Ohio Limited Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Cleveland East/River Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-N-68 RX Cleveland Heights Investors LLC (as of 2/25/99) and Rite Aid of Ohio Inc. (as of 6/8/98) v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Heights/University Heights Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-L-150 Six Sac Self Storage Corporation 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-P-217, 00-P-218 Seneca Lake Apartments, an Ohio General Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Broadview Heights/North Royalton Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-N-274, 00-N-275 Christopher & Debra Muzzin v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-N-289 Jeanne Newman & Elizabeth Rosenman v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and the Warrensville Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-J-443, 00-J-461 Cedar Center Associates, An Ohio General Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Cleveland Heights/University Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-J-444, 00-J-462 Cedar Center Associates, An Ohio General Partnership v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Cleveland Heights/University Heights Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-N-813 Developers Diversified Realty Corporation v. Ashland County Board of Revision, Ashland County Auditor and Ashland School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-N-967 Polaris Amphitheater Concerts, Inc. v. Delaware County Board of Revision, Delaware County Auditor and the Olentangy Local School District Board of Education. Real Property Tax. Dismissed. Board Members concur.

00-A-997 Aldi, Inc. v. Union County Board of Revision and Union County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-L-1259 Yorktown Towers 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-J-1337 Harry & Adele Lally v. Licking County Board of Revision and Licking County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-S-1340 James & Lillian Breedlove v. Trumbull County Board of Revision and the Trumbull County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-J-1344 Katherine Bakos v. Trumbull County Board of Revision and Trumbull County Auditor. Real Property Tax. Dismissed. Board Members concur.

00-J-1390 Madco Residential Ltd. 1 v. Butler County Board of Revision and the Butler County Auditor. Real Property Tax. Stipulated. Board Members concur.

00-A-1596 First National Bank of Akron (FirstMerit Bank, N.A.) v. Summit County Board of Revision, Summit County Auditor and the Stow-Munroe Falls City School District Board of Education. Real Property Tax. Stipulated. Board Members concur.

00-J-1657 Board of Education of the Westerville City Schools v. Delaware County Board of Revision, Delaware County Auditor and Tim Donut U.S. Limited Inc. Real Property Tax. Stipulated. Board Members concur.

MISCELLANEOUS

97-A-249 Board of Education of the Columbus City School District v. Roger W. Tracy, Tax Commissioner of Ohio and I-670 Corridor Development Corporation. Exemption. Certification. Board Members concur.

97-V-714, 97-V-715 Strathmore Village Development Company II v. Ashland County Board of Revision and the Ashland County Auditor. Real Property Tax. Certification. Board Members concur.

99-S-1076, 99-S-1079, 99-S-1180 Anthony II; Dominic A.; Dominic A. Jr.; Tom, Visconsi Trustees v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Board of Education for the Berea City School District. Real Property Tax. Denying Motion to Remand. Board Members concur.

99-T-1216, 99-T-1219 Cleveland Municipal School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Forest City Yacht Club. Real Property Tax. Motion to Remand denied. Mr. Johnson and Ms. Margulies concur. Ms. Jackson dissents.

00-P-75 Cleveland Heights/University Heights Board of Education v. Cuyahoga County Auditor, the Cuyahoga County Board of Revision and C. R. Noble. Real Property Tax. Motion to Vacate and Remand denied. 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. Correcting Order. Board Members concur.

00-S-1388 Meeks Rentals, Inc. v. Thomas M. Zaino, Tax Commissioner of Ohio. Use Tax. Remand. Board Members concur.

00-M-1877 Ali Malkieh v. Thomas M. Zaino, Tax Commissioner of Ohio. Sales Tax. Remand. Board Members concur.

INTERIM ORDERS ISSUED BY ATTORNEY EXAMINERS

00-V-192, 00-V-193, 00-V-194, 00-V-195, 00-V-196, 00-V-197, 00-V-215, 00-T-219, 00-V-220, 00-T-221 Richard I. Klein, Trustee, for the benefit of Harvey S. Saks and Jacob Goldberg; also listed per tax bill as Seneca Club Inc., Richard Klein I. Trs., Seneca Lake Apartments, An Ohio General Partnership, and Seneca Lake Apts. II (An Ohio Gen'l Part) v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Brecksville-Broadview Heights Board of Education. Real Property Tax. Consolidated.

00-V-1522, 00-V-1523, 00-V-1524 The Johnson & Hardin Co. v. Hamilton County Board of revision, Hamilton County Auditor, and the Mariemont City School District Board of Education. Real Property Tax. Consolidated.

00-J-1834, 00-J-1835, 00-J-1832 Woodridge Local School District Board of Education v. Summit County Board of Revision, Summit County Auditor and M-N Northchase Ltd.
M-N Northchase Ltd. v. Summit County Board of Revision, Summit County Auditor and the Woodridge Local School District Board of Education. Real Property Tax. Consolidated.

00-J-1836, 00-J-1837, 00-J-1831 Woodridge Local School District Board of Education v. Summit County Board of Revision, Summit County Auditor and M-N Northchase Ltd.
M-N Northchase Ltd. v. Summit County Board of Revision, Summit County Auditor and the Woodridge Local School District Board of Education. Real Property Tax. Consolidated.

00-R-1918 through 00-R-1942 South-Western City Schools Board of Education v. Franklin County Board of Revision, Franklin County Auditor and Home Depot USA, Inc. Real Property Tax. Consolidated.

00-J-1957, 00-J-1987, 00-J-1993 Revere Local School District Board of Education and Copley-Fairlawn City School District Board of Education v. Summit County Board of Revision, Summit County Auditor and John D. Dellagnese, III. Real Property Tax. Consolidated.

00-M-1967, 00-M-1969, 00-M-1970 The Glidden Company, A Delaware Corp. As of 12/30/99 Ohio Research Center LLC and Strongsville Board of Education and City of Strongsville v. Cuyahoga County Board of Revision and Cuyahoga County Auditor. Real Property Tax. Consolidated.

00-A-2099, 00-A-2101 WEC 99D-29, LLC, a Delaware LLC v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and North Royalton Board of Education. Real Property Tax. Consolidated.

00-A-2100, 00-A-2106 WEC 99D-17, LLC, a Delaware LLC v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and Cleveland Municipal School District Board of Education. Real Property Tax. Consolidated.

00-A-2103, 00-A-2104 WEC 99D-27, LLC, a Delaware LLC v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and North Royalton Board of Education. Real Property Tax. Consolidated.

00-R-2141 through 00-R-2182 Hamilton County Commissioners v. Hamilton County Board of Revision, Hamilton County auditor and the Cincinnati School District Board of Education. Real Property Tax. Consolidated.

01-S-76, 01-S-77 WEC 98H-2 LLC v. Cuyahoga County Board of Revision, Cuyahoga County Auditor and the Warrensville Heights Board of Education. Real Property Tax. Consolidated.