IN THE SUPREME COURT OF OHIO NOTICE OF CROSS APPEAL OF THE BOARD OF EDUCATION OF THE LICKING HEIGHTS LOCAL SCHOOL DISTRICT

Similar documents
0 GT (; 6 z )a 8 CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO. John Tarantino. Appellant,. Case No

CLERK OF COURT AMECOURTM BET'TY L. LUNN, ET AL., BTA CASE No

EOFE8V E D. -Lr= D. i 3O i 49 IGINAL. JAN 25 Zu13. CLERK OF COURT SUPREME COURT F Hi JAIV rlfrk OF COURT SUPREME COURT OF OHIO

[Cite as Polaris Amphitheater Concerts, Inc. v. Delaware Cty. Bd. of Revision, 118 Ohio St.3d 330, 2008-Ohio-2454.]

FRED. NOV CLERK OF C6URt SU,,, PREME UOUNfi OF OHIO. Appellant, IN THE SUPREME COURT STATE OF OHIO APPEAL FROM THE BOARD OF TAX APPEALS

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Appellant-Appellant, : No. 06AP-108 v. : (C.P.C. No. 04CVF )

ILED. HAND DELlVERE6 JUNO IN THE SUPREME COURT STATE OF OHIO APPEAL FROM THE OHIO BOARD OF TAX APPEALS BOARD OF TAX APPEALS COLUMBUS. OHIO ^'.

F ILE D JUN BOARD OF TAX APPEALS COLUMSUS, OHIO. is attached, TAX APPEAL TO THE SUPREME COURT OF OHIO. Westover Communities, LLC,

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

Court of Appeals of Ohio

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Board of Tax Appeals No A Appellant Decided: February 1, 2013

2013 JAN 2, S Pm 1^- 44

Supreme Court of Ohio Clerk of Court - Filed May EXHIBIT 18, 2015 B - Case No OHIO BOARD OF TAX APPEALS

uta^ v d STATE OF OHIO Appellant, IN THE SUPREME COUR`I' APPEAL FROM 'I'IIE BOARD OF TAX APPEALS GMC HOSPITALITY LLC NKA.

IN THE SUPREME COURT OF OHIO

JUL CLEf3k OF +:;UUR7 SUPREME Ctnj4t43' OF OlfiO

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT WASHINGTON COUNTY

O P I N I O N. Rendered on the 25 th day of June,

ORIRINAL. JUN 14?u12 JUN 14 Z012 CLERK OF COURT CLERK OF COURT SUPREME COURT OF OHIO SUPREME COURT OF QHI. Case No

COURT OF APPEALS PERRY COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN THE SUPREME COURT OF OHIO. Appellant.. Case No, NOTICE OF FILING NOTICE OF APPEAI. WITH BOARD OF TAX APPEALS

Court of Appeals of Ohio

Appellant, BOARD OF TAX APPEALS CASE NO W-2607

Court of Appeals of Ohio

IN THE SUPREME COURT OF OHIO BRIEF OF APPELLEE CANNATA, JILL K. TRUSTEE

^ N,% ^AR CLERK OF COURT RENBECOURT flfc ... <^ IN TI-IE SUPREME COURT STATE OF OHIO APPEAL FROM THE BOARD OF TAX APPEALS

IN THE SUPREME COURT OF OHIO NOTICE OF APPEAL OF APPELLEE - APPELLANT CRE JV MIXED FIFTEEN OH 2 BRANCH HOLDINGS, LLC

Court of Appeals of Ohio

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT. Reversed and remanded

Court of Appeals of Ohio

COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT : : : : : : : : : : :

COURT OF APPEALS THIRD APPELLATE DISTRICT HARDIN COUNTY PLAINTIFF-APPELLEE CASE NUMBER

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY. Trial Court No CV-0525

IN THE SUPREME COURT OF OHIO JOINT MOTION OF ALL PARTIES FOR REMAND TO THE OHIO BOARD OF TAX APPEALS

COURT OF APPEALS FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT

COURT OF APPEALS FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT

Plaintiff-Appellee, : Case No. 14CA3613 KHADEJA S. AVERY, : DECISION AND JUDGMENT ENTRY

400 South Fifth Street 111 West First Street Suite 200 Suite 1100 Columbus, OH Dayton, OH 45402

In the Supreme Court of Ohio

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

Ilt the ^&upreme Court of bio. Appellant, On Appeal from the Ohio Board of Tax Appeals

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

CHRISTOPHER L. KINSLER Lawrenceville, GA Associate Assistant Attorney General 150 E. Gay St. 16 th Floor Columbus, Ohio 43215

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT HOCKING COUNTY

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. MCI Metro Access Transmission : Services, LLC et al., : No. 07AP-398 Appellants-Appellants,

In the Supreme Court of Ohio

COURT OF APPEALS FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT

3In ttje 6Uprem.E Court of otd APPELLANT, INDUSTRIAL COMMISSION OF OHIO'S, MEMORANDUM CONTRA TO APPELLEE'S MOTION FOR RECONSIDERATION

HUD AMENDMENT TO LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR OAKWOOD APARTMENTS

Plaintiff-Appellee, : Case No. 12CA42 GEORGE ESPARZA, : DECISION AND JUDGMENT ENTRY

OHIO BOARD OF TAX APPEALS. Represented by: MARTIN EISENSTEIN BRANN & ISAACSON P.O. BOX MAIN STREET LEWISTON, ME

THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO : 9/14/07

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

101 Central Plaza South, Ste. 600 Tzangas, Plakas, Mannos, & Raies

Ohio Tax. Workshop T. Taxpayers Beware! Elimination of the Right to a Direct Appeal to the Ohio Supreme Court from the Ohio Board of Tax Appeals (BTA)

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

[Cite as Ohio Crime Victims Reparations Fund v. Dalton, 152 Ohio App.3d 618, 2003-Ohio-2313.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

[Cite as State ex rel. Luther v. Ford Motor Co., Batavia Transmission Plant, 113 Ohio St.3d 144, 2007-Ohio-1250.]

F ^dcl . ^ ^ INAL F'^^ ^00. clerk OF COURT SUPREM C URT OF OHIO

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. : O P I N I O N - vs - 1/25/2010 :

pec i i 2QCc3 CLEaK OF COURT SUPREME Or H 1^ IN THE SUPREME COURT OF OHIO BALTIMORE RAVENS, Appellant, Case No.:

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

CLERK OF COURT SUPREME COURT OF OHIO ^ I

IN THE SUPREME COURT OF OHIO

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Liebert Corporation et al, : (REGULAR CALENDAR) O P I N I O N. Rendered on August 10, 2006

[Cite as Willoughby v. Sapina, 2001-Ohio-8707.] COURT OF APPEALS LAKE COUNTY, OHIO J U D G E S

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT

[Cite as Leisure v. State Farm Mut. Auto. Ins. Co., 2001-Ohio ] : : : : : : : : : :

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

F Im. 01`6GiNi. MAY 1 ^ toog. CLERK OF COURT SUPREME COURT pfohio MAY CLERK OF COURT LSUPREME COURT OF OHIO I. Appellant, Appellees.

Court of Appeals of Ohio

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT OTTAWA COUNTY. Court of Appeals No. OT Trial Court No.

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT HOCKING COUNTY

[Cite as Newman v. Levin, 120 Ohio St.3d 127, 2008-Ohio-5202.]

[Cite as Harsco Corp. v. Tracy (1999), Ohio St.3d.] Taxation Franchise tax Term capital gain as used in R.C (C)

IN THE SUPREME COURT OF OHIO

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L Trial Court No.

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

FEB 17 ZOiZ CLERK OF COURT SUPREMECOURT FOHBO FEH "L IN THE SUPREME COURT OF OHIO CASE NO IN RE:

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. Plaintiffs-Appellants, : CASE NO. CA : O P I N I O N - vs - 9/29/2008 :

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Plaintiff-Appellee, : No. 11AP-266 v. : (C.P.C. No. 05CR )

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT

.011 r-, Pa^C' ^^ ^o. Duane W. Luckey "AN (^ g 200' (Reg. No p^cla j ^r^ Senior Deputy AttL. The Office of the Ohio Consumers' Counsel,

No , , Consolidated with Nos , IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Appellee, : Case No. 07CA3004 GRAVES, : DECISION AND JUDGMENT ENTRY

COURT OF APPEALS GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT

BELLE TIRE DISTRIBUTORS, INC. DIRECTOR, OHIO DEPARTMENT OF JOB & FAMILY SERVICES, ET AL.

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L Trial Court No. CR

ELEANOR BALANDA OHIO DEPARTMENT OF JOB AND FAMILY SERVICES

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) DECISION AND JOURNAL ENTRY

Court of Appeals of Ohio

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

Court of Appeals of Ohio

No IN THE SUPREME COURT OF OHIO. CINCINNATI BAR ASSOCIATION, Relator, vs. GEOFFREY P. DAMON (# ) Respondent

CLERK OF COURT SUPREME COURT OF OHIO. JL1N 0 8 2Ci,9. CL[Rki OF COURT SUPREME i,'of1rt 0F 0HI0 IN THE SUPREME COURT OF OHIO

COURT OF APPEALS THIRD APPELLATE DISTRICT AUGLAIZE COUNTY PLAINTIFF-APPELLEE CASE NO

Transcription:

IN THE SUPREME COURT OF OHIO Meijer Stores Limited Partnership, v. Appellant, Case No. 08-1248 Cross-Appeal Franklin County Board of Revision, Franklin County Auditor, Licking Heights Local School District, and the Tax Commissioner of the State of Ohio, and Appellees, Marvin J. & Ursula F. Siesel, Shops at Waggoner LLC, and Fifth Third Bank, Appeal from the Ohio Board of Tax Appeals BTA Case Nos. 2005-T-441 and 2005-AT-443 rv Appellees. NOTICE OF CROSS APPEAL OF THE BOARD OF EDUCATION OF THE LICKING HEIGHTS LOCAL SCHOOL DISTRICT Nicholas M.J. Ray (0068664) COUNSEL OF RECORD Jay P.Siegel(0067701) Siegel Siegel Johnson & Jennings Co. LPA 3001 Bethel Road, Suite 208 Columbus, OH 43220 (614)442-8885 nray@siegeltax.com Attorneys for Appellant Meijer Stores Limited Partnership Mark H. Gillis (0066908) COUNSEL OF RECORD Jeffrey A. Rich Rich Crites & Dittmer, LLC 300 East Broad Street, Suite 300 Columbus, OH 43215 (614)228-5822 mgillis@richcrites.com Attorneys for Appellee and Cross-Appellant Licking Heights Local School District C1 ia(il4 ^J^ i;()11^it SUPl^EIUIc ^^^Ul^^ ^, ^HlQ ^^-- ^_--

William J. Stehle (0077613) COUNSEL OF RECORD Assistant Prosecuting Attorney 373 South High Street Columbus, OH 43215 (614) 462-3520 Attorney for Appellees Franklin County Board of Revision and Franklin County Auditor Nancy Rogers (0002375) Ohio Attorney General 30 E. Broad Street, 17th Floor Columbus, OH 43215-3428 (614) 466-4320 Attorney for Appellee Richard.A. Levin, Tax Commissioner of Ohio

IN THE SUPREME COURT OF OHIO Meijer Stores Limited Partnership, Appellant, Case No. 08-1248 V. Cross-Appeal Franklin County Board of Revision, Franklin County Auditor, Licking Heights Local School District, and the Tax Commissioner of the State of Ohio, and Appellees, Marvin J. & Ursula F. Siesel, Shops at Waggoner LLC, and Fifth Third Bank, Appeal from the Ohio Board of Tax Appeals Case Nos. 2005-T-441 & 443 Appellees. NOTICE OF CROSS APPEAL OF THE BOARD OF EDUCATION OF THE LICKING HEIGHTS LOCAL SCHOOL DISTRICT Now come the Appellee and Cross-Appellant, the Board of Education of the Licking Heights Local School District, and gives notice of appeal to the Supreme Court of Ohio from the decision of the Ohio Board of Tax Appeals in the case ofmeijer Stores LimitedPartnership v. Franklin County Board of Revision, Franklin County Auditor, and the Licking Heights School District Board of Education, BTA Case Nos. 2005-T-41 I and 2005-T-443, rendered on May 27, 2008, copy of which is attached hereto as Exhibit B. The Errors complained of therein are set forth herein as Exhibit A. 1

ark H. Gillis (0066908) Jeffrey A. Rich (0017495) Rich Crites & Dittmer, LLC 300 East Broad Street, Suite 300 Columbus, Ohio 43215 (614) 228-5822 Fax: (614) 540-7474 E-mail: mgillis@richcrites.com Attorneys for Appellee and Cross-Appellant Licking Heights Local School District 2

EXHIBIT A - ERRORS COMPLAINED OF The errors complained of are the following: 1. The BTA erred in failing to hold and determine that the approach to value used by the Appellant property owner's appraiser, Lorms, violated the "uniform rule" provision of Article XII, Section 2, of the Ohio Constitution in that the approach would value a brand new property at a small faction of its actual worth. 2. The BTA erred in failing to hold and determine that the "uniform rule" prevents the valuation for real property tax purposes of a brand new Meijer store that cost over $50 per square foot to build at only $14.77 per square foot ($2,850,445 divided by 197,977 SF). Such a grossly low valuation of a brand new building is not consistent with the "uniform rule" of valuation set forth in Article XII, Section 2 of the Ohio Constitution and would be unfair to other taxpayers in Franklin County (whose taxes will actually increase under R.C. 319.301 if a reduction in value is granted to Meijer). 3. The BTA erred in failing to hold and determine that the cost approach was the best evidence of the true value, and the only evidence of the true value, of a brand new Meijer store for real property tax purposes. 4. The BTA erred in failing to hold and determine that the market and income approaches used by Lorms, which were based on the sale and rental of abandoned, vacated, second and thirdgeneration stores, do not provide any evidence that any functional and economic obsolescence in a brand new Meijer store. 3

5. The BTA erred in failing to apply and follow this Court's decision in Meijer, Inc. v. Montgomery Cty. Bd ofrevision (1996), 75 Ohio St. 3d 181, 661 N.E.2d 1056, to the effect that no obsolescence exists in a brand new Meijer store and where the Court had rejected an identical valuation approach to the one used by Robin Lorms in the present appeal. 6. The BTA erred in failing to hold that the true value of a new Meijer store cannot legally and constitutionally be determined using an appraisal theory that bases the value on the sale or rental of abandoned, vacated, second and third-generation stores, and underperforming stores abandoned in bankruptcy, that were not similar to or comparable in any manner, including economically comparable, to the new Meijer store involved in this appeal, and that were not used for the same highest and best use as the brand new, fully-operational, first-generation, Meijer store. 7. The BTA erred in failing to hold and determine that this Court's decisions in Berea City School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. ofrevi.rion,106 Ohio St.3d 269, 2005 Ohio 4979, 834 N.E.2d 782, and Cincinnati Sch. Dist. Bd ofeduc. v. Hamilton County Bd. ofrevision, 2008 Ohio 2450, required the BTA to reject the appraisal of Appellant's appraiser (Lorms) specifically because this Court held that the sale prices of the properties that Lorms refused to rely upon do reflect the true value of the properties involved in those sales. 8. The BTA erred in failing to hold and determine that the true value of the Meijer property cannot be based on the sales of properties with deed restrictions. 4

PROOF OF SERVICE ON BOARD OF TAX APPEALS I hereby certify that a true and complete copy of the foregoing notice of appeal (cross-appeal) was served upon the Clerk of the Ohio Board of Tax Appeals, as is evidenced by its filing stamp set forth hereon. Mark H. Gillis (0066908) Attorney for Cross-Appellant CERTIFICATE OF SERVICE BY CERTIFIED MAIL I hereby certify that a true and complete copy of the foregoing notice of appeal (cross-appeal) was served upon William Stehle, Franklin County Assistant Prosecuting Attorney, 373 South High Street, 20th Floor, Columbus, Ohio, 43215, Nancy Rogers, Ohio Attorney General, 30 East Broad Street, 17th Floor, Columbus, Ohio, 43215-3428, Counsel for the Tax Commissioner of Ohio, Marvin J. and Ursula F. Siesel, 2868 Hartford Court, San Diego, CA 92117, Shops at Waggoner LLC, 25 Buckingham Court, Burlingame, CA 94010, and Fifth Third Bank, 38 Fountain Square Plaza, Cincinnati, OH 45263, and Nicholas M.J. Ray, Siegel Siegel Johnson & Jennings Co. LPA 3001 Bethel Road, Suite 208, Columbus, Ohio 43220, by certified mail, return receipt requested, with postage prepaid, this 7th day of July, 2008. ark H. Gillis (0066908) Attorney for Cross-Appellant 5

IN THE SUPREME COURT OF OHIO Meijer Stores Limited Partnership, Appellant, Case No. 08-1248 v. Cross-Appeal Franklin County Board of Revision, Franklin County Auditor, et al., and Appellees, Marvin J. & Ursula F. Siesel, Shops at Waggoner LLC, and Fifth Third Bank, Appeal from the Ohio Board of Tax Appeals Case Nos. 2005-T-441 & 443 REQUEST TO CERTIFY ORIGINAL PAPERS TO THE SUPREME COURT OF OHIO TO: The Clerk of the Ohio Board of Tax Appeals: The Cross-Appellant makes this written demand upon the Clerk and this Board to certify the record of its proceedings and the original papers of this Board and statutory transcript of the Board of Revision in the case of Meijer Stores Limited Partnership v. Franklin County Board of Revision, Franklin County Auditor, and the Licking Heights School District Board ofeducation, BTA Case Nos. 2005-T-411 and 2005-T-443, rendered on May 27, 2008, to the Supreme Court of Ohio within 30 days of service hereof as set forth in R.C. 5717.04. Res Ily submitted, ark H. Gillis (0066908) 300 East Broad Street, Suite 300 Columbus, Ohio 43215 (614) 228-5822 Attorney for Cross-Appellant 6