Opinion

Lunn v. Lorain Cty. Bd. of Revision (Slip Opinion)

  • 149 Ohio St. 3d 137
  • 73 N.E.3d 486
  • 2016 Ohio 8075
Court
Ohio Supreme Court
Filed
Dec 13, 2016
Status
Published
Author
Pfeifer
On the bench
O'Connor, O'Donnell, Lanzinger, Kennedy, French, Pfeifer, O'Neill
Cited by
28 cases

The opinion

Pfeifer, J.,

dissenting.

*143 Dennis P. Will, Lorain County Prosecuting Attorney, and John P. Kilroy, Assistant Prosecuting Attorney, for appellants.

{¶ 24} I would affirm the Board of Tax Appeals’ determination that based on the record before it, the February 2011 sale of the subject property “was recent, arm’s-length, and constitutes the best indication” of the property’s value.

{¶ 25} Although expert witness Dr. Paul Bellamy testified that the sale to appellee Betty L. Lunn was not at arm’s length, he did not testify concerning the proper valuation. Accordingly, I would defer to the next most recent sale, a mere month before Lunn purchased the property. That transaction involved a sheriffs sale that was open to the public and, therefore, available to any willing bidder. That is a better indication of value than the auditor’s appraisal, which clearly does not take account of the fact that no one is willing to spend more than $33,000 to purchase the property.

{¶ 26} Accordingly, I dissent.

O’Neill, J., concurs 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.