Opinion

Hope v. Highland County Board

  • 56 Ohio St. 3d 68
  • 564 N.E.2d 433
  • 1990 Ohio LEXIS 1710
Court
Ohio Supreme Court
Filed
Dec 12, 1990
Status
Published
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
5 cases
Authority
More cited than 61.2%

The opinion

Per Curiam.

Adherence to the provisions of the appellate statutes is essential to confer jurisdiction upon the BTA to hear appeals. American Restaurant & Lunch Co. v. Bowers (1946), 147 Ohio St. 147 , 34 O.O. 8 , 70 N. E. 2d 93 . R.C. 5717.01 is specific and mandatory. It requires that notice of appeal be filed by the appellant both with the board of revision and with the BTA. Failure to comply with the appellate statute is fatal to the appeal. Austin Co. v. Cuyahoga Cty. Bd. of Revision (1989), 46 Ohio St. 3d 192 , 546 N.E. 2d 404 . See, also, Fineberg v. Kosydar (1975), 44 Ohio St. 2d 1 , 73 O. O. 2d 1, 335 N.E. 2d 705 ; and Zephyr Room, Inc. v. Bowers (1955), 164 Ohio St. 287 , 58 O.O. 67 , 130 N.E. 2d 362 .

The decision of the BTA is neither unreasonable nor unlawful and it is hereby affirmed.

Decision affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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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