Opinion

Board of Education v. Montgomery County Board of Revision

  • 95 Ohio St. 3d 462
  • 768 N.E.2d 1175
Court
Ohio Supreme Court
Filed
Jun 12, 2002
Status
Published
Author
Pfeifer
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
1 cases

The opinion

Pfeifer, J.,

concurring in part and dissenting in part.

{¶ 7} I concur with the majority’s implicit determination that R.C. 5715.19(A)(1) requires complaints to be brought in the name of the owner. However, I strongly disagree with the majority’s implicit conclusion that this case amounts to multiple appeals within the statutory time period. When one large *463 parcel is divided into many distinct plots, the right to appeal should be determined by plot, not by the parcel as a whole. To do otherwise is grossly unfair to the actual users because of the multiple uses to which the land is put. Accordingly, I concur in part and dissent in part.

Rich, Crites & Wesp, Jeffrey A. Rich and Mark H. Gillis, for appellant in case Nos. 2001-0948 and 2001-0949.

Sebaly, Shillito & Dryer, L.P.A., Martin A. Beyer and Lynn Bruckelmeyer, for appellees Dayton Airport Inn and Kittyhawk Corp., in case No. 2001-0948.

Froelich & Weprin Co., L.P.A., and Gary L. Froelich, for appellee Carroll Building Co., LLC, in case No. 2001-0949.

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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