IN THE SUPREME COURT OF OHIO JOINT MOTION OF ALL PARTIES FOR REMAND TO THE OHIO BOARD OF TAX APPEALS
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1 IN THE SUPREME COURT OF OHIO CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A. CASE NOS ; ; and 10 Appellant/Appellee, CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, Appellee/Appellant CUYAHOGA COUNTY BOARD OF REVISION, et al., BOARD OF TAX APPEALS CASE NOS M M K M M M-300 JOINT MOTION OF ALL PARTIES FOR REMAND TO THE Pursuant to S. Ct. R. XIV Sec. 4, Counsel for the Appellant-Appellee CRE JV Mixed Five OH 2 Branch Holdings LLC and Charter One Bank, N.A., a national banking association, Cuyahoga County Board of Revision and Cuyahoga County Auditor, et al. and the Appellee-Appellant the Cleveland Municipal School District Board of Education, respectfully requests that this Court enter an Order remanding this matter to the Ohio Board of Tax Appeals for purposes of entering an Agreement and Order reflecting a settlement of the within matter. ^.^FRED I 3AN A,i_rKK+Uf COURT SU?ktiUE CUURT Of OHIO JAN 3 (12Q1z CLERK OF COURT SUPREME COURT OF OHIO
2 CUYAHOGA COUNTY PROSECUTOR KAREN H. BAUERNSCHMIDT CO., LPA Assistant Cuyahoga County Prosecutor, 8TH Floor ATTORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR BRINDZA, MCINTYRE & SEED, LLP Karen H. Bauernschmidt # West 6th Street, Suite 200 ATTORNEY FOR APPELLANT - APPELLEE CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A. TAX COMMISSIONER OF OHIO David H. Seed G Brindza, Mclntyre & Seed, LL-P not Darticioating Joseph Testa 30 East Broad Street, Suite Columbus, OH (614) ATTORNEY FOR APPELLEE - APPELLANT CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION DN CHARTER/
3 CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A., A NATIONAL BANKING ASSOCIATION, CASE NOS M-270 and 2008-M-281 HEARING EXAMINER: REBECCA R. LUCK CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, CASE NO M-300 HEARING EXAMINER: REBECCA R. LUCK It is hereby stipulated and agreed by the parties in the captioned matter that the assessed value of the property which is the subject of this appeal, and identified upon the tax records of the Auditor of Cuyahoga County, Ohio was as of the first day of January, 2006, 2007 and 2008: PARCEL NUMBERS LAND BUILDING TOTAL U26-1J3-UU 7 $29,680 $ 3,400 $ 33, $23,070 $ 2,700 $ 25, $24,010 $136,990 $161, A $ $ 320 $ Totals $79,250 $143,410 $222,660 It is further stipulated that the County Auditor shall be directed to correct his tax records accordingly and the Board of Tax Appeals may enter its order accepting this stipulation and terminate this appeal. Dated:
4 CUYAHOGA COUNTY PROSECUTOR KAREN H. BAUERNSCHMIDT CO., LPA Assistant Cuyahoga County Prosecutor 8th Floor - Justice Center ATTORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR BRINDZA, MCINTYRE & SEED, LLP Karen H. Bauernschmidt # West 6th Street, Suite 200 ATTORNEY FOR APPELLANT/APPELLEE CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A., A NATIONAL BANKING ASSOCIATION y^"v" i: ^n /,rr21 David H. Seed Brindza, Mclntyre & Seed, LLP CHARTER/04128-D6 DN DOC ATTORNEY FOR APPELLEE/APPELLANT BOARD OF EDUCATION OF THE CLEVELAND MUNICIPAL SCHOOL DISTRICT
5 CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND ) CASE NOS M-270 and CHARTER ONE BANK, N.A., A NATIONAL BANKING ) 2008-M-281. ASSOCIATION, ) ) ORDER ) (Stipulating Appeal) CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, CASE NO M-300 ORDER (Stipulating Appeal) APPEARANCES: For the Appellant/Appellee - For the County Appellees - For the Appellee/Appellant Bd. of Education - Karen H. Bauernschmidt # Karen H. Bauernschmidt Co., LPA 1370 West e Street, Suite 200 Assistant Cuyahoga County Prosecutor 8th Floor - Justice Center David H. Seed Brindza, Mcintyre & Seed, LLP ENTERED: Ms. Margulies, Mr. Eberhart and Mr. Dunlap concur. This matter is before the Board of Tax Appeals pursuant to a stipulation of value dated, 2011 filed by the parties. Upon consideration of the stipulation and the existing record, the Board of Tax Appeals hereby approves the stipulation and orders the Auditor of Cuyahoga County to adjust his tax records for January 1, 2006, 2007 and 2008 as follows:
6 PARCEL NUMBERS LAND BUILDING TOTAL $29,680 $ 3,400 $ 33, $23,070 $ 2,700 $ 25, $24,010 $136,990 $161, A $ 2:490 $ 820 $ Totals $79,250 $143,410 $222,660
7 CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, CASE NO K-291 HEARING EXAMINER: REBECCA R. LUCK It is hereby stipulated and agreed by the parties in the above captioned matter that the assessed value of the property which is the subject of this appeal, and identified upon the tax records of the Auditor of Cuyahoga County, Ohio was as follows as of the first day of January, 2006, 2007 and 2008: PARCEL NUMBER LAND $8,890 BUILDING TOTAL $47,040 $55,930 It is further stipulated that the County Auditor shall be directed to correct his tax records accordingly and the Board of Tax Appeals may enter its order accepting this stipulation and terminate this appeal. Dated: CUYAHOGA COUNTY PROSECUTOR KAREN H. BAUERNSCHMIDT CO., LPA Cuyahoga County Assistant Prosecutor ATTORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR Karen H. Bauernschmidt # West 6th Street, Suite 200 ATTORNEY FOR APPELLEE CRE JV MIXED FIFTEEN OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A., A NATIONAL BANKING ASSOCIATION BRINDZA, R^ ` ' ED, LLP David H. Seed Brindza, McIntyre & Seed, LP LHARTERIU< DN151E39.DOC ATTORNEY FOR APPELLANT BOARD OF EDUCATION FOR THE CLEVELAND MUNICIPAL SCHOOL DISTRICT
8 CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, ) CASE NO K-291 ) HEARING EXAMINER: REBECCA R. LUCK ) It is hereby stipulated and agreed by the parties in the above captioned matter that the assessed value of the property which is the subject of this appeal, and identified upon the tax records of the Auditor of Cuyahoga County, Ohio was as follows as of the first day of January, 2006, 2007 and 2008: PARCEL NUMBER LAND BUILDING TOTAL $8,890 $47,040 $55,930 It is further stipulated that the County Auditor shall be directed to correct his tax records accordingly and the Board of Tax Appeals may enter its order accepting this stipulation and terminate this appeal. Dated: CUYAHOGA COUNTY PROSECUTOR ^d Cuyahoga County Assistant Prosecutor Cleveland. OH ATTORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR KAREN H. BAUERNSCHMIDT CO., LPA Karen H. Bauemschmidt # West 6 th Street. Suite 200 ATTORNEY FOR APPELLEE CRE JV MIXED FIFTEEN OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A., A NATIONAL BANKING ASSOCIATION BR1-NDZA,_ MCINTYRE.& SEED, LLP David H. Seed Brindza, McIntyre & See, LP CNqRTE2Nt ON1S1B29ADC ATTORNEY FOR APPELLANT BOARD OF EDUCATION FOR THE CLEVELAND MUNICIPAL SCHOOL DISTRICT
9 CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, CASE NO K-291 ) HEARING EXAMINER: REBECCA R. LUCK ) It is hereby stipulated and agreed by the parties in the above captioned matter that the assessed value of the property which is the subject of this appeal, and identified upon the tax records of the Auditor of Cuyahoga County, Ohio was as follows as of the first day of January, 2006, 2007 and 2008: PARCEL NUMBER LAND BUILDING TOTAL $8,890 $47,040 $55,930 It is further stipulated that the County Auditor shall be directed to correct his tax records accordingly and the Board of Tax Appeals may enter its order adcepting this stipulation and terminate this appeal. Dated: CUYAHOGA COUNTY P SEC TOR KAREN H. BAUERNSCHMIDT CO., LPA Cuyahoga County Assistant Prosecutor ATTORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR Karen H. Bauernschmidt # West 6th Street, Suite 200 ATTORNEY FOR APPELLEE CRE JV MIXED FIFTEEN OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK, N.A., A NATIONAL BANKING ASSOCIATION BRIyF)ZA, MCINTYRE G SEED, LLP David ^/ H. Seed iw Brindza, Mclntyre & Seed, LP chnrthww mos DN16160.D00 ATTORNEY FOR APPELLANT BOARD OF EDUCATION FOR THE CLEVELAND MUNICIPAL SCHOOL DISTRICT
10 CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD ) CASE NOS T-298 OF EDUCATION, HEARING EXAMINER: ) REBECCA R. LUCK ) It is hereby stipulated and agreed by the parties in the above captioned matter that the assessed value of the property which is the subject of this appeal, and identified upon the tax records of the Auditor of Cuyahoga County, Ohio was as follows as of the first day of January, 2006, 2007 and 2008: PARCEL NUMBER LAND BUILDING TOTAL $110,250 $133,600 $243,850 It is further stipulated that the County Auditor shall be directed to correct his tax records accordingly and the Board of Tax Appeals may enter its order accepting this stipulation and terminate this appeal. Dated: CUYAHOGA COUNTY PROSECUTQR KAREN H. BAUERNSCHMIDT CO., LPA Cuyahoga County Assistant Prosecutor A 1 I ORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR Kardn H.dt# Stephen M. Nowak# West 61h Street, Suite 200 ATTORNEY FOR APPELLEE CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK N.A. DBA CHARTER ONE BANK David H. Seed Brindza, Mclntyre Se^^, LL CHARTERI ON DOC ATTORNEY FOR APPELLANT BOARD OF EDUCATION FOR THE CLEVELAND MUNICIPAL SCHOOL DISTRICT
11 CLEVELAND MUNICIPAL SCHOOL DISTRICT ) CASE NOS T-298 BOARD OF EDUCATION, ORDER (Stipulating Appeal) APPEARANCES: For the Appellant - Karen H. Bauernschmidt # Charles J. Bauernschmidt# Karen H. Bauernschmidt Co., LPA 1370 West 6th Street, Suite 200 For the County Appellees - Cuyahoga County Assistant Prosecutor For the Appellant David H. Seed Bd. of Education - Brindza, Mclntyre & Seed, LLP ENTERED: Ms. Margulies, Mr. Eberhart and Mr. Dunlap concur. This matter is before the Board of Tax Appeals pursuant to a stipulation of value dated 2011 filed by the parties. Upon consideration of the stipulation and the existing record, the Board of Tax Appeals hereby approves the stipulation and orders the Auditor of Cuyahoga County to adjust his tax records for January 1, 2006, 2007 and 2008 as follows: PARCEL NUMBER LAND BUILDING TOTAL $110,250 $133,600 $243,850
12 CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, CASE NO M-299 HEARING EXAMINER: REBECCA R. LUCK It is hereby stipulated and agreed by the parties in the above captioned matter that the assessed value of the property which is the subject of this appeal, and identified upon the tax records of the Auditor of Cuyahoga County, Ohio was as follows as of the first day of January, 2006, 2007 and 2008: PARCEL NUMBERS LAND $ 5, $ Totals $29,190 B UILDING TOTAL $ 670 $ 6,480 $ $137,030 $114,320 $143,510 It is further stipulated that the County Auditor shall be directed to correct his tax records accordingly and the Board of Tax Appeals may enter its order accepting this stipulation and terminate this appeal. Dated: CUYAHOGA COUNTY PR DSECUTO y ` &0 R Cuyahoga County Assistant Prosecutor ATTORNEY FOR APPELLEES CUYAHOGA COUNTY BOARD OF REVISION AND COUNTY AUDITOR KAREN H. BAUERNSCHMIDT CO., LPA Karen H.-Bauernschmidt # Steph- R",. Nov.k# West 6th Street, Suite 200 ATTORNEY FOR APPELLEE CRE JV MIXED FIVE OH 2 BRANCH HOLDINGS LLC AND CHARTER ONE BANK N.A. DBA CHARTER ONE BANK BRIt^ZA,MCtN T RE SEED, LLP David H(^.JpSeendJ 63 Brindza, Mclntyre eed, LLP CHARIEWM131-OB ON DOC ATTORNEY FOR APPELLANT BOARD OF EDUCATION FOR THE CLEVELAND MUNICIPAL SCHOOL DISTRICT
13 CLEVELAND MUNICIPAL SCHOOL DISTRICT BOARD OF EDUCATION, ) CASE NO M-299 ORDER (Stipulating Appeal) APPEARANCES: For the Appellant - Karen H. Bauernschmidt # Karen H. Bauernschmidt Co., LPA 1370 West 6 th Street; Suite 200 For the County Appellees - Cuyahoga County Assistant Prosecutor For the Appellant David H. Seed Bd. of Education - Brindza, Mclntyre & Seed, LLP 1111 SuperiorAvenue, Suite 1025 ENTERED: Ms. Margulies, Mr. Eberhart and Mr. Dunlap concur. This matter is before the Board of Tax Appeals pursuant to a stipulation of value dated 2011 filed by the parties. Upon consideration of the stipulation and the existing record, the Board of Tax Appeals hereby approves the stipulation and orders the Auditor of Cuyahoga County to adjust his tax records for January 1, 2006, 2007 and 2008 as follows:. PARCEL NUMBERS LAND BUILDING TOTAL $ 5,810 $ 670 $ 6, $ $113,650 $ Totals $29,190 $114,320 $143,510
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