Hope v. Highland County Board

Ohio Supreme Court
Hope v. Highland County Board, 56 Ohio St. 3d 68 (Ohio 1990)
564 N.E.2d 433; 1990 Ohio LEXIS 1710
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

Hope v. Highland County Board

Opinion of the Court

Per Curiam.

Adherence to the provisions of the appellate statutes is essential to confer jurisdiction upon the BTA to hear appeals. American Restaurant & Lunch Co. v. Bowers (1946), 147 Ohio St. 147, 34 O.O. 8, 70 N. E. 2d 93. R.C. 5717.01 is specific and mandatory. It requires that notice of appeal be filed by the appellant both with the board of revision and with the BTA. Failure to comply with the appellate statute is fatal to the appeal. Austin Co. v. Cuyahoga Cty. Bd. of Revision (1989), 46 Ohio St. 3d 192, 546 N.E. 2d 404. See, also, Fineberg v. Kosydar (1975), 44 Ohio St. 2d 1, 73 O. O. 2d 1, 335 N.E. 2d 705; and Zephyr Room, Inc. v. Bowers (1955), 164 Ohio St. 287, 58 O.O. 67, 130 N.E. 2d 362.

The decision of the BTA is neither unreasonable nor unlawful and it is hereby affirmed.

Decision affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Reference

Full Case Name
Hope v. Highland County Board of Revision
Cited By
5 cases
Status
Published