Ohio Supreme Court, 1951

Orthodox Hebrew Board of Education v. Tax Commissioner

Orthodox Hebrew Board of Education v. Tax Commissioner
Ohio Supreme Court · Decided May 9, 1951 · Weygandt, Zimmerman, Middleton, Matthias, Stewart, Taft, Hart
98 N.E.2d 834; 155 Ohio St. 380; 155 Ohio St. (N.S.) 380; 44 Ohio Op. 351; 1951 Ohio LEXIS 582 (North Eastern Reporter, Second Series)

Orthodox Hebrew Board of Education v. Tax Commissioner

Opinion of the Court

Per Curiam.

It seems clear to this court that there was evidence before the Board of Tax Appeals to sup*382port its finding and decision. That decision is not unlawful or unreasonable and is, therefore, affirmed.

Decision affirmed.

Weygandt, C. J., Zimmerman, Middleton and Matthias, JJ., concur. Stewart, Taft and Hart, JJ., dissent.

Dissenting Opinion

Taft, J.,

dissenting. On the facts, I am of the opinion that the decision of this court in Board of Education of City of Cincinnati v. Board of Tax Appeals, 149 Ohio St, 564, 80 N. E. (2d), 156, requires a holding that appellant is entitled to the tax exemption claimed.

Carried to its logical conclusion, the decision of the Board of Tax Appeals would deny exemption to any property otherwise entitled thereto if the use which would ordinarily justify exemption had been temporarily suspended before the tax-lien date for necessary repairs, and work on such repairs had not been commenced on or before that date.

Stewart and Hart, JJ., concur in the foregoing dissenting opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.