Opinion

Cleveland Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision

  • 1994 Ohio 498
Court
Ohio Supreme Court
Filed
Feb 22, 1994
Status
Published
Cited by
0 cases
Authority
More cited than 39.6%

The opinion

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Cleveland Board of Education, Appellee and Cross-Appellant;

Roc Syl Associates, Appellant and Cross-Appellee, v. Cuyahoga

County Board of Revision.

[Cite as Cleveland Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision

(1994), Ohio St.3d .]

Taxation -- Real property valuation -- Party that asserts right

to an increase in real property valuation has duty to prove

his right to an increase in value.

(No. 92-1431 -- Submitted April 29, 1993 -- Decided

February 23, 1994.)

Appeal and Cross-Appeal from the Board of Tax Appeals, Nos.

89-H-909, 89-H-910 and 89-C-972.

This appeal involves the real property valuation of Holiday

Inn Lakeside for tax year 1988. The subject property, located

at 1111 Lakeside Avenue, Cleveland, Ohio, is a seventeen-story

building containing three hundred eighty-two guests rooms, an

adjoining one-story building with a lobby and meeting rooms,

and an attached six-level parking garage. The Cuyahoga County

Auditor determined that the true value of the subject property

was $7,940,020. Roc Syl and the Cleveland Board of Education

("school board") objected to the auditor's determination, but

the Cuyahoga County Board of Revision, upon hearing, affirmed

the auditor's valuation.

Each of the parties then appealed to the Board of Tax

Appeals ("BTA") and presented expert appraisal evidence. Roc

Syl's appraiser estimated the true value of the subject

property to be $6,350,000; the school board's appraiser

estimated $8,200,000. The BTA, however, ratified the true

value determination of the board of revision.

The cause is before this court upon an appeal and

cross-appeal as of right.

Armstrong, Mitchell & Damiani, Timothy J. Armstrong and

Deborah J. Papushak for appellee and cross-appellant.

Fred Siegel Co., L.P.A., Fred Siegel, Steven R. Gill and

Todd W. Sleggs, for appellant and cross-appellee.

Per Curiam. The BTA found that neither party had sustained

its burden of proof, and that the true value of the subject

property was the amount determined by the board of revision,

$7,940,020. We affirm.

Roc Syl argues that the BTA failed to set forth the reasons

for its decision. However, that issue is not properly before

us because it was not raised in Roc Syl's notice of appeal.

Columbus Bd. of Edn. v. J.C. Penney Properties, Inc. (1984), 11

Ohio St.3d 203, 204-205, 11 OBR 521, 522, 465 N.E.2d 48, 49.

Roc Syl also complains that the BTA misread Alliance

Towers, Ltd. v. Stark Cty. Bd. of Revision (1988), 37 Ohio

St.3d 16, 523 N.E.2d 826, regarding the presumption of validity

accorded to a board of revision determination. We disagree

with Roc Syl and find that the BTA properly construed and

applied Alliance Towers. That decision dealt essentially with

the proper method of determining the true value of subsidized

housing, a subject that is not germane to this appeal.

Nevertheless, Alliance Towers does say:

"The taxpayers offered no testimony or evidence that the

action of the board of revision was not performed in good faith

and in the exercise of sound judgment. Absent this proof, the

action of the board of revision must be presumed to be valid."

Alliance Towers, 37 Ohio St 3d at 25, 523 N.E.2d at 834.

In other words, Alliance Towers, resolves the issue of

whether the board of revision acted in good faith and exercised

sound judgment, not whether the board of revision's finding of

true value should be presumed to be correct. Roc Syl's appeal

does not present the issue of "good faith" or "sound judgment";

moreover, the BTA found that Roc Syl failed to sustain its

burden of proving that the board of revision's true value

determination was incorrect.

The sockdolager to the school board's dispute over the true

value determination of the subject property is, as stated in

Zindle v. Summit Cty. Bd. of Revision (1989), 44 Ohio St.3d.

202, 203, 542 N.E.2d. 650, 651:

"We further reiterated the established principle that a

taxpayer has the duty to prove his right to a reduction in

value." See, also, R.R.Z. Associates v. Cuyahoga Cty. Bd. of

Revision (1988), 38 Ohio St.3d. 198, 202, 527 N.E.2d 874, 878,

and W. Industries, Inc. v. Hamilton Cty. Bd. of Revision

(1960), 170 Ohio St. 340, 10 O.O.2d 427, 164 N.E.2d 741.

In Crow v. Cuyahoga Cty. Bd. of Revision (1990), 50 Ohio

St.3d 55, 57, 552 N.E.2d 892, 893, we stated: "Appellant had

the duty to prove his right to a reduction in value but failed

to do so." Likewise, this requirement applies with equal force

to a party that asserts a right to an increase in real property

valuation, as the school board did here. It failed to present

sufficient probative evidence to support its claimed true

value. The BTA ultimately determines the weight and

credibility to be accorded to evidence before it. Cardinal

Fed. S.& L. Assn. v. Cuyahoga Cty. Bd. of Revision (1975), 44

Ohio St.2d. 13, 19-20, 73 O.O.2d. 83, 87, 336 N.E.2d. 433, 437.

For the reasons stated, the decision of the BTA is affirmed

as it is neither unreasonable nor unlawful.

Decision affirmed.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.

Sweeney and Pfeifer, JJ., concur.

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