Opinion

Columbus City Schools Board of Education v. Testa

  • 129 Ohio St. 3d 200
  • 951 N.E.2d 75
  • 2011 Ohio 2907
Court
Ohio Supreme Court
Filed
Jun 23, 2011
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
1 cases
Authority
More cited than 55.7%

The opinion

[Cite as Columbus City Schools Bd. of Edn. v. Testa, 129 Ohio St.3d 200, 2011-Ohio-2907.]

COLUMBUS CITY SCHOOLS BOARD OF EDUCATION, APPELLANT

AND CROSS-APPELLEE, v. TESTA, TAX COMMR., APPELLEE AND

CROSS-APPELLANT, APPELLEE, ET AL.

[Cite as Columbus City Schools Bd. of Edn. v. Testa,

129 Ohio St.3d 200, 2011-Ohio-2907.]

Failure to provide notice to a party — Cause remanded to the Board of Tax

Appeals.

(No. 2010-1094 — Submitted March 22, 2011 — Decided June 23, 2011.)

APPEAL and CROSS APPEAL from the Board of Tax Appeals, No. 2009-V-4110.

__________________

Per Curiam.

{¶ 1} This cause is pending before the court as an appeal and cross-

appeal from the Board of Tax Appeals. The parties have filed a joint motion to

vacate and remand on the authority of MB West Chester, L.L.C. v. Butler Cty. Bd.

of Revision, 126 Ohio St.3d 430, 2010-Ohio-3781, 934 N.E.2d 928. Upon

consideration of the BTA decision, the record in this case, and the relevant

statutes and case law, we conclude that the holding of MB West Chester applies to

the circumstances before us. Accordingly, we grant the motion.

{¶ 2} The facts as recited by the BTA and the record in this case show

that the German Village Society, Inc. (“GVS”) filed an application for exemption

of real property on July 15, 2003, for the 2003 tax year. During the proceedings

on that application, appellant and cross-appellee Columbus City Schools Board of

Education (“school board”) gave notice to the tax commissioner pursuant to R.C.

5715.27(C). Under that statute, the school board thereby became a party as a

matter of law not only to the proceedings before the tax commissioner but also to

SUPREME COURT OF OHIO

any appeal to the BTA from the tax commissioner’s determination. That fact was

noted in the commissioner’s final determination.

{¶ 3} The tax commissioner denied GVS’s application in a final

determination dated August 14, 2006, and GVS appealed to the BTA, thereby

initiating BTA No. 2006-V-1356. Despite the school board’s status as party, it is

undisputed that GVS did not serve the school board with its notice of appeal.

Columbus City Schools Bd. of Edn. v. Levin (May 25, 2010), BTA No. 2009-V-

4110 (“Columbus City Schools Bd. of Edn.”), at 3.

{¶ 4} On August 18, 2009, the BTA issued its decision in BTA No.

2006-V-1356. In that decision, the BTA reversed the decision of the tax

commissioner and granted the exemption. German Village Soc., Inc. v. Levin

(Aug. 18, 2009), BTA No. 2006-V-1356. The BTA did not transmit its decision

to the school board as required by R.C. 5717.03(C). Columbus City Schools Bd.

of Edn. at 3.

{¶ 5} On October 26, 2009, the tax commissioner issued a determination

giving effect to the BTA’s decision in BTA No. 2006-V-1356. In connection

with the issuance of that order, the school board apparently learned for the first

time about the decision in BTA No. 2006-V-1356. On December 21, 2009, the

school board filed a notice of appeal from the October 26 order of the tax

commissioner. Both the August 18, 2009 decision of the BTA and the October

26, 2009 order were attached to the notice of appeal, and in the notice, the school

board asserted in part that the BTA’s August 18, 2009 decision and order were

“void ab initio because the [school board] was never named or notified as to the

existence of the appeal.” Columbus City Schools Bd. of Edn. at 3.

{¶ 6} On May 25, 2010, the BTA issued its decision in No. 2009-V-

4110. As its primary holding, the BTA addressed the contention of the school

board that the August 18, 2009 decision in BTA No. 2006-V-1356 was void and

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January Term, 2011

held that it had no jurisdiction to address the validity of its earlier decision

because the period for appeal from that decision had expired.

{¶ 7} Under MB West Chester, that holding was erroneous. Just as in

MB West Chester, the school board in this case had a right to be notified of the

proceedings and decision in BTA No. 2006-V-1356, to which it was a party by

operation of law, but GVS did not serve its notice of appeal on the school board.

Most significantly, the school board had an explicit statutory right to receive

notice from the BTA of the BTA’s decision in that case pursuant to R.C.

5717.03(C), but the BTA did not transmit its decision as required. Under MB

West Chester, the failure of notice at both stages means that the BTA’s

jurisdiction to entertain a motion to vacate the August 18, 2009 decision had not

expired at the time that the school board filed its notice on December 21, 2009,

which requested that the BTA vacate the earlier decision. The school board’s

notice of appeal to the BTA in the present case specifically asked for a ruling that

the BTA’s August 18, 2009 decision was jurisdictionally defective.

{¶ 8} Accordingly, we reverse the BTA’s holding that it had no

jurisdiction to grant any relief to the school board. Additionally, we vacate the

BTA’s decision dated August 18, 2009 in BTA No. 2006-V-1356 along with the

tax commissioner’s related order dated October 26, 2009. We remand this cause

to the BTA for further proceedings concerning GVS’s exemption application, and

the school board shall have the right to participate as a party in those proceedings.

The proceedings after remand shall go forward in BTA No. 2006-V-1356 as well

as in BTA No. 2009-V-4110.

Judgment accordingly.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

__________________

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SUPREME COURT OF OHIO

Rich & Gillis Law Group, L.L.C., and Mark H. Gillis, for appellant and

cross-appellee.

Michael DeWine, Attorney General, and Alan Schwepe, Assistant

Attorney General, for appellee and cross-appellant.

Jones Law Office and Robyn R. Jones; and Schottenstein, Zox & Dunn

Co., L.P.A., and Elden J. Hoppel, for appellee, German Village Society, Inc.

______________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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