Atwell v. Board of Park Commrs.

Ohio Supreme Court June 16, 1965

Atwell v. Board of Park Commrs., 2 Ohio St. 2d 257 (Ohio 1965)

208 N.E.2d 541; 31 Ohio Op. 2d 511; 1965 Ohio LEXIS 542

Bbowh, Fifth, Matthias, Neill, Nostbah, Nostran, Sohheider, Taet

Opinion of the Court

Per Curiam.

Section 2 of Article XII of the Ohio Constitution provides that the General Assembly shall have “the general power * * * to determine the * * * exemptions” from “taxation.” Section 5709.10, Revised Code, provides that “property belonging to park districts, created pursuant to Section 1545.01, Revised Code, shall be exempt from taxation.” The decision of the Board of Tax Appeals is affirmed on authority of Denison University v. Board of Tax Appeals, 2 Ohio St. 2d 17.

Decision affirmed.

Taet, C. J., Matthias, O’Neill and Yah Nostran, JJ., concur.

Concurring Opinion

SohheideR, J.,

concurring. I agree solely on the ground that the Board of Tax Appeals reasonably and lawfully found that the public property was “used exclusively for a public purpose.” Section 2 of Article XII of the Ohio Constitution.

Yah Nostbah, J., of the Fifth Appellate District, sitting for Bbowh, J.

Reference

Full Case Name: Atwell, Council of Village of Willoughby Hills v. Board of Park Commrs. of Cleveland Metropolitan Park District
Cited By: 4 cases
Status: Published