Ohio Supreme Court, 2002

Board of Education v. Montgomery County Board of Revision

Ohio Supreme Court · Decided June 12, 2002 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

95 Ohio St. 3d 462; 768 N.E.2d 1175

Concurring in Part

Pfeifer, J.,

concurring in part and dissenting in part.

{¶ 7} I concur with the majority’s implicit determination that R.C. 5715.19(A)(1) requires complaints to be brought in the name of the owner. However, I strongly disagree with the majority’s implicit conclusion that this case amounts to multiple appeals within the statutory time period. When one large *463parcel is divided into many distinct plots, the right to appeal should be determined by plot, not by the parcel as a whole. To do otherwise is grossly unfair to the actual users because of the multiple uses to which the land is put. Accordingly, I concur in part and dissent in part.

Rich, Crites & Wesp, Jeffrey A. Rich and Mark H. Gillis, for appellant in case Nos. 2001-0948 and 2001-0949. Sebaly, Shillito & Dryer, L.P.A., Martin A. Beyer and Lynn Bruckelmeyer, for appellees Dayton Airport Inn and Kittyhawk Corp., in case No. 2001-0948. Froelich & Weprin Co., L.P.A., and Gary L. Froelich, for appellee Carroll Building Co., LLC, in case No. 2001-0949.

Opinion of the Court

{¶ 1} The judgment of this court in case No. 2001-0948 is limited to addressing appellant’s Proposition of Law No. 4, which states:

{¶ 2} “A landlord and a tenant cannot file separate complaints against same property during the same interim period under R.C. 5715.19(A)(2).”

{¶ 3} The decision of the Board of Tax Appeals in case No. 2001-0948 is reversed on the authority of R.C. 5715.19(A)(2).

{¶ 4} The judgment of this court in case No. 2001-0949 is limited to addressing appellant’s Proposition of Law No. 2, which states:

{¶ 5} “A landlord and a tenant cannot file separate complaints against same property during the same interim period under R.C. 5715.19(A)(2).”

{¶ 6} The decision of the Board of Tax Appeals in case No. 2001-0949 is reversed on the authority of R.C. 5715.19(A)(2).

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur. Pfeifer, J., concurs in part and dissents in part.

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