Opinion

Olentangy Local Schools Board of Education v. Delaware County Board of Revision

  • 125 Ohio St. 3d 103
  • 2010 Ohio 1040
Court
Ohio Supreme Court
Filed
Mar 24, 2010
Status
Published
Author
Pfeifer
On the bench
Moyer, Stratton, O'Donnell, Cupp, Pfeifer, O'Connor, Lanzinger
Cited by
18 cases

concluding that 13-month gap between sale and tax lien date was prima facie evidence of the recency of the sale

How later courts described this case

  • concluding that 13-month gap between sale and tax lien date was prima facie evidence of the recency of the sale

Written by the judges who cited it.

The opinion

Pfeifer, J.,

concurring in part and dissenting in part.

{¶ 26} I concur in the bulk of the majority opinion, but I dissent from its treatment of personal property as realty.

{¶ 27} It is undisputed that the sales price included personal property, primarily appliances. The property owner’s appraiser presented unrebutted testimony that the personal property was valued at $1,000 per unit. Because there is no evidence to the contrary in the record, I would defer to the appraiser’s valuation of the personal property. I conclude that the valuation of the property should be reduced by $300,000, $1,000 per unit times 300 units. Accordingly, I concur in part and dissent in part.

O’Connor and Lanzinger, JJ., concur in the foregoing opinion.

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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