Ohio Supreme Court, 1965

Atwell v. Board of Park Commrs.

Ohio Supreme Court · Decided June 16, 1965 · Bbowh, Fifth, Matthias, Neill, Nostbah, Nostran, Sohheider, Taet

2 Ohio St. 2d 257; 208 N.E.2d 541; 31 Ohio Op. 2d 511; 1965 Ohio LEXIS 542

Cases that cite this one

4 later published cases cite this decision.

Montgomery County Park District v. Kinney (Ohio 1980)
Philada Home Fund v. Board of Tax Appeals (Ohio 1966)
Muskingum Watershed Conservancy District v. Walton (Ohio 1970)
Kroger Co. v. Schneider (Ohio Ct. App. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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