Opinion

State ex rel. Mars Urban Solutions, L.L.C. v. Cuyahoga Cty. Fiscal Officer (Slip Opinion)

  • 155 Ohio St. 3d 316
  • 121 N.E.3d 311
  • 2018 Ohio 4668
Court
Ohio Supreme Court
Filed
Nov 21, 2018
Status
Published
On the bench
Per Curiam
Cited by
16 cases
Authority
More cited than 69.1%

The opinion

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State

ex rel. Mars Urban Solutions, L.L.C. v. Cuyahoga Cty. Fiscal Officer, Slip Opinion No. 2018-

Ohio-4668.]

NOTICE

This slip opinion is subject to formal revision before it is published in an

advance sheet of the Ohio Official Reports. Readers are requested to

promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65

South Front Street, Columbus, Ohio 43215, of any typographical or other

formal errors in the opinion, in order that corrections may be made before

the opinion is published.

SLIP OPINION NO. 2018-OHIO-4668

THE STATE EX REL. MARS URBAN SOLUTIONS, L.L.C., ET AL., v. CUYAHOGA

COUNTY FISCAL OFFICER ET AL.

[Until this opinion appears in the Ohio Official Reports advance sheets, it

may be cited as State ex rel. Mars Urban Solutions, L.L.C. v. Cuyahoga Cty.

Fiscal Officer, Slip Opinion No. 2018-Ohio-4668.]

Mandamus—Writ of mandamus sought to compel county fiscal officer and board

of revision to comply with BTA judgment—County offices complied with

decision for the applicable years—Writ denied.

(No. 2017-0442—Submitted April 10, 2018—Decided November 21, 2018.)

IN MANDAMUS.

_______________

Per Curiam.

{¶ 1} In this original action, relators, Mars Urban Solutions, L.L.C. (“Mars

Urban”), and Michael Majeski,1 seek a writ of mandamus to compel respondents

Cuyahoga County fiscal officer and Cuyahoga County Board of Revision (“BOR”)

1. Michael Majeski is an officer, member, and/or counsel of Mars Urban Solutions, L.L.C.

SUPREME COURT OF OHIO

to comply with a judgment of the Ohio Board of Tax Appeals (“BTA”) that reduced

the 2010 value of a property that Majeski owned and later conveyed to Mars Urban.

Because 2012 was the first year of a new sexennium—and any dispute that relators

had pertaining to the property value for any year beyond 2011 should have been

filed as a new and separate claim for each year—and because the fiscal officer and

the BOR submitted evidence sufficient to establish that both entities complied with

the BTA’s judgment at issue for tax years 2010 and 2011, we deny the writ.

Background

{¶ 2} On July 1, 2008, Majeski purchased 888 Clarence Avenue, located in

Cleveland, Ohio, for $9,501. Majeski filed tax-valuation complaints regarding the

property for tax years 2008, 2009, and 2010, seeking a reduction in the value of the

property. The BOR reduced the tax value of the property for tax years 2008 and

2009. Majeski did not appeal those determinations.

{¶ 3} With regard to tax year 2010, the BOR retained the fiscal officer’s

value of $92,800, and Majeski appealed the BOR’s decision to the BTA. In a March

7, 2014 order, the BTA determined that the subject property was “transferred

among apparently unrelated parties in July 2008 for $9,501,” and that therefore “the

transaction was both recent and arm’s-length and the best indication of the subject’s

value as of [the] tax lien date.” Consequently, the BTA held that as of January 1,

2010, the property’s true value was $9,500.2

{¶ 4} On March 31, 2017, relators commenced this original action for a writ

of mandamus against the fiscal officer, the BOR, and the BTA. The fiscal officer

and the BOR filed a joint motion to dismiss the complaint, and the BTA filed a

separate motion to dismiss the claims against it. On May 4, 2017, relators dismissed

their claims pertaining to the BTA. On December 20, 2017, we denied as moot the

2. On December 24, 2014, Majeski conveyed the property to Mars by deed. Cuyahoga County

Fiscal Officer, https://recorder.cuyahogacounty.us/searchs/Docindex.aspx (accessed October 8,

2018).

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January Term, 2018

BTA’s motion, granted an alternative writ as to relators’ fourth claim for relief,3

and dismissed the remaining claims. 151 Ohio St.3d 1470, 2017-Ohio-9111, 87

N.E.3d 1269. Subsequently, the BOR and the fiscal officer filed evidence.4

Legal Analysis

{¶ 5} The only issues that remain to be decided in this case are (1) whether

the fiscal officer and the BOR complied with the BTA’s judgment decreasing the

2010 true value of the property at issue to $9,500 and (2) whether the $9,500 value

carries over to tax years subsequent to 2011, particularly beyond the 2012 sexennial

reassessment.

{¶ 6} To be entitled to a writ of mandamus, a relator must demonstrate (1)

a clear legal right to the requested relief, (2) a corresponding clear legal duty on the

part of the respondent to provide it, and (3) the lack of an adequate remedy in the

ordinary course of law. State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55, 2012-

Ohio-69, 960 N.E.2d 452, ¶ 6. A relator in a mandamus case must prove

entitlement to the writ by clear and convincing evidence. State ex rel. Doner v.

Zody, 130 Ohio St.3d 446, 2011-Ohio-6117, 958 N.E.2d 1235, paragraph three of

the syllabus.

{¶ 7} We have observed that “in appeals from boards of revision, the BTA

must determine the taxable value of the property and certify the decision to, inter

alios, the county auditor. When the BTA’s order becomes final, the tax officials,

including the county auditor, must ‘make the changes in their tax lists or other

records which the decision requires.’ ” Columbus Bd. of Edn. v. Franklin Cty. Bd.

of Revision, 87 Ohio St.3d 305, 307, 720 N.E.2d 517 (1999), quoting R.C.

3. Relators’ fourth claim for relief alleges that the fiscal officer and the BOR have failed to abide

by the BTA’s March 7, 2014 judgment and have failed to take the appropriate actions to effectuate

the order.

4. Relators did not file any evidence as directed by this court’s December 20, 2017 entry, and we

will not consider as evidence the documents that were included in the appendices to their merit and

reply briefs, because the appendices do not comply with S.Ct.Prac.R. 16.02(B)(5).

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SUPREME COURT OF OHIO

5717.03(F). Thus, the fiscal officer and the BOR each have a clear statutory duty

to “make the changes in their tax lists or other records which the [BTA’s] decision

requires.” R.C. 5717.03(F). To obtain the requested relief, relators must prove that

the fiscal officer and/or the BOR failed to change the relevant records to reflect the

BTA’s order pertaining to the true value of the property for the germane years and

that relators did not have an adequate remedy in the ordinary course of the law for

any dispute as to respondents’ application of the BTA’s judgment.

{¶ 8} The BTA’s order specified that the reduced value applied “as of

January 1, 2010.” The fiscal officer and the BOR assert that when each office

received the BTA’s order, employees from each office updated the applicable tax

documents to reflect the reduced value and either processed a credit or issued a

refund to Majeski.

{¶ 9} Shelly Davis, the BOR’s administrator, serves as the BOR records

custodian. Davis reviewed the BOR’s records and attested that as to tax year 2010,

the BOR initially “retained the fiscal officer’s value.” She added that upon

receiving the BTA’s decision regarding the 2010 value, the BOR “sent

documentation to the RPD [Real Property Department] in order that the decision

could be processed and reflected on the Fiscal Officer’s records, and the Treasurer’s

tax duplicate.” As evidentiary support for Davis’s statements, the fiscal officer and

the BOR submitted a copy of a “screen shot[] from the BOR’s Legacy Application

evidencing the filing” of relators’ complaint regarding the 2010 tax year. The

document indicates that the BOR valued the property at $9,500 for tax year 2010.

{¶ 10} Marian Mihu, the supervisor of the RPD at the fiscal office, is the

custodian of the RPD’s records. She attested that the “RPD is charged with the

duty of processing value [sic] real estate tax value decisions made by the [BOR]

* * * and other tribunals” and that she personally processes value decisions and

supervises the RPD employees who are charged with processing the tribunals’

value decisions. Mihu averred that as to tax year 2010, “[o]nce the BOR released

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January Term, 2018

to the RPD the documentation evidencing the BTA’s [March 7, 2014] decision, the

RPD processed the decision in order that it be reflected within the records of the

Fiscal Officer.” Mihu’s affidavit, which was submitted with documentation that

had been attached and explained by Mihu, certified that the fiscal officer credited

and refunded Majeski the amounts to which he was due. And relators have not

submitted evidence to the contrary.

{¶ 11} Mihu’s affidavit also establishes that in Cuyahoga County, “[t]ax

year 2009 was the first year of a triennial update year, which triennium

encompasses tax years 2009, 2010, and 2011.” See AERC Saw Mill Village, Inc. v.

Franklin Cty. Bd. of Revision, 127 Ohio St.3d 44, 2010-Ohio-4468, 936 N.E.2d

472, ¶ 19 (“As the county’s tax assessor, the county auditor is required to value and

assess property tax against the taxable property in the county. R.C. 5713.01(B) and

5713.03. Specifically, the auditor must reappraise property values once every six

years and update the values at the interim three-year point”). In AERC, we

confirmed that “[t]ypically, the auditor does carry over the value from the first year

of a triennium to the next year, unless some event that [sic] triggers a need to change

the valuation.” Id. at ¶ 32. We also observed that “R.C. 5715.19(D) establishes

[that] the figure the auditor uses when carrying forward a previous year’s value is

the value as redetermined through the proceedings conducted on a valuation

complaint.” Id. Thus, AERC affirms that when a subject property’s value is

reduced in the middle of a triennium update, the reduced value carries forward until

the end of that triennium, and at the start of the next sexennial valuation, the auditor

must reappraise the property and determine a new value going forward.

{¶ 12} The BTA’s order reduced the property’s value for tax year 2010.

The reduced value also applied to tax year 2011, which was the final year of that

triennium. Relators argue that the $9,500 value should apply to subsequent tax

years and that the county has the authority to determine a new value only under

very limited circumstances. But it is “elemental that for purposes of any challenge

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SUPREME COURT OF OHIO

to the valuation of real property, each tax year constitutes a new ‘claim’ or ‘cause

of action,’ such that the determination of value for one tax year does not operate as

res judicata that would bar litigation of value as to the next tax year.” Olmsted Falls

Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 122 Ohio St.3d 134, 2009-Ohio-

2461, 909 N.E.2d 597, ¶ 16, citing R.C. 5715.19(A) and (D). See also AERC at

¶ 32 (“Moreover, that new value can be displaced only by a showing that some

other value is correct”). The BTA’s decision as to the subject property pertained to

tax years 2010 and 2011 and thus does not necessarily carry forward into

subsequent tax years. See AERC at ¶ 22 (“to allow the carryover to displace a new

valuation * * * defeats the purposes of the valuation statutes”). Therefore, relators

have not established that either the fiscal officer or the BOR has failed to execute a

clear legal duty. Moreover, relators had an adequate remedy in the ordinary course

of the law—they should have filed a new claim for each year in which they believed

a valuation error occurred. Consequently, mandamus is not available.

{¶ 13} In addition, relators have not shown that the fiscal officer or the BOR

has a clear legal duty to apply the BTA’s value to the property when a new

sexennium begins or that the fiscal officer or the BOR has failed to process the

reduced value of the Clarence Avenue property that was ordered by the BTA.

Writ denied.

O’CONNOR, C.J., and O’DONNELL, KENNEDY, FRENCH, FISCHER, DEWINE,

and DEGENARO, JJ., concur.

_________________

Michael B. Majeski, pro se and for Mars Urban Solutions, L.L.C.

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Mark

Greenfield and Anthony Giunta Jr., Assistant Prosecuting Attorneys, for

respondents Cuyahoga County Fiscal Officer and Cuyahoga County Board of

Revisions.

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January Term, 2018

Michael DeWine, Attorney General, and Brian R. Honen and Keith O’Korn,

Assistant Attorneys General, for respondent Ohio Board of Tax Appeals.

_________________

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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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