City Schools, Board of Education of the Columbus IN …

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IN THE SUPR]^ME COURT OF OHIO

Board of Education of the Columbus City Schools,

Appellant,

Case No.

V.

Franklin County Board of Revision, FrankIin County Auditor, and Walnut Builders, Inc. and Helen R. Vilardo, Exec.

Appeal from the Ohio Board of Tax Appeals - Case No. 2013-3521 through 3527 and 2013-3531

Appellees.

FILED

NOTICE OF APPEAL OF THE BOARD OF EDUCA COLUMBUS CIT^.' SCHOOLS

OF THOAY 4 8 Z014

BOARD OF TAX APPEALS --COL1lAA^USa OHIO

Mark Gillis (0066908) COUNSEL OF RECORD Rich & Gillis Law Group, LLC 6400 Riverside Drive, Suite D Dublin, Ohio 43017 (614) 228-5822 Fax (614) 540-7474 mgillis@

Attorneys for Appellant Board of Education of the Columbus City School District

Mike Dewine (0009181) Ohio Attorney General 301_;ast Broad Street, 17th Floor Columbus, Ohio, 43215 Attorney for Appellee Tax Commissioner

James D. Viets, Esq. (0022345) Decker Vonau, LLC 620 East Broad St., Suite 200 Colwnbus, OH 43215 614-744-4105 Fax 614-242-4243 cviets,,&deckervonau. com

Attorneys for Appellee Walnut Builders, Inc. and I-1elen Vilardo, Exec./Tr.

Ron O'Brien (0017245) Franklin County Prosecuting Attorney William J. Stehle (0077613) COUNSEL OF RECORD Assistant Prosecuting A.ttorrtey 373 South High St., 20'' Floor Columbus, OH 43215

Attorneys for Appellees County Auditor and Board of Revision

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IN THE SUPREME COURT OF OHIO

Board of Education of the Columbus City Schools,

Appellant,

Case No.

V.

Appeal from the Ohio Board of Franklin County Board of Revision, Tax Appeals - Case No. 2013-3521 Franklin Countv Auditor, and Walnut through 3527 and 2013-3531 Builders, Inc. and I-lelen R. Vilardo, Exec.

Appellees.

NOTICE OF APPEAL OF THE BOARD OF EDUCATION OF THE COLUMBUS CI"TY SCI-IOOLS

Now comes the Appellant, the Board of Education of the Columbus City= School District, and

gives notice of appeal to the Supreme Court of Ohio from the decision of the Ohio Board of Tax Appeals in the case of Board of Eduoation of the Columbus City Schools v. I%ranklin Cvunty Board

qf Revi.iion, Franklin County Auditor, and Walnut Builders, Inc. and 1=felen R. Vilardo, Exec., BTA Case Nos. 2013-3521 through 2013-3527 and 2013-3531, rendered on April 10, 2014, a copy of

which is attached hereto as Exhibit B. The Errors complained of therein are set forth herein as Exhibit A.

Respect ly submitted,

^ ` . ..

Mark Gillis (0066908) Rich & Gillis Law Group, LLC 6400 Riverside Drive, Suite D Dublin, Ohio 43017 (614) 228-5822

Attorneys for Appellant Board of Education of the Columbus City School District

EXHIBIT A- STATI,;MENT OF ERRORS (1) The Okiio Board of Tax Appeals (BTA) erred in affirming the Board of Revision's decision to reduce the value of the subject parcels based upon the testimony of a realtor who is not a licensed/certified real estate appraiser in direct contradiction to its own prior decisions. (2) 'I'he BTA erred in giving the Board of Revision's decision unlawful deference in direct contradiction to this Court's rulings in Vandalia-Butler C.'ity Schools Bd. ofEa'n. v. rVontgomery Cty. Bd. ofRevision, 130 Ohio St.3d 291, 201 I-Ohio-5078. (3) The BTA misapplied this Court's ruling in vublin City Schools Bd. ofl-'dn. Franklin C.'ty. Bd. of'Revision, Slip Opinion No. 2013-Ohio-4543,1blotion_for Reconsideration pending. (4) 'The BTA erred by failing to specifically state the facts and figures upon which its decision is based. (5) The BTA erred by failing to independently determine the true value of the subject property. (6) The BTA erred by failing to conduct a de novo review of the record in this matter. (7) The BTA erred by failing to specifically address any of the arguments presented by the Board of Education that demonstrated the flaws in and insufficiency of the evidence presented by Walnut Builders, Inc. and I-lelen R. Vilardo, Exec. (8) The BTA erred by holding that "the property owners demonstrated that the initial assessments of the subject properties overstated their values." (9) The BTA erred in its reliance on the analysis of a realtor who is not a licensed/certified real estate appraiser when said realtor failed to verify the arm's-length nature of any of the comparable sales used therein.

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(10) The BTA erred in its reliazlce on the analysis of a realtor who is not a licensed/certified real estate appraiser when said realtor failed to view the interior of any of the comparable properties and yet made specific adjustments for the interior condition of those properties.

(11) 'I'he BTA erred in its reliance on the analysis of a realtor who is not a licensed/certified real estate appraiser when it failed to do any analysis of said realtor's qualifications to perform a va.luation analysis or to render a competent and probative opinion of value and failed to qualify him as an expert witness.

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PROOF OF SERVICE ON'I'I-IE OHIO BOARD OF TAX APPEALS. I hereby certify that a true and complete copy of the foregoing notice of appeal was served upon the Clerk of the Ohio Board of Tax Appeals, as is evidenced by its filing stamp set forth hereon.

Mark Gillis (0066908) Attorney for Appellant

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CERTIFICATE OF SERVICE BY CE_,RTIFIED MAIL I hereby certify that a true and complete copy of the foregoing notice of appeal was served on the following by certified mail, return receipt requested, with postage prepaid, this ^th day of May, 2014. James D. Viets, Esq. Decker Vonau, LLC 620 East Broad St., Suite 200 Columbus, OH 43215 Mike Dewine Ohio Attorney General 30 East Broad Street, 17th Floor Columbus, Ohio, 43215 Ron O'Brien Franklin Cotxnty Prosecutor William J. Stehle, Esq. Assistant County Prosecutor 373 South High St., 20th Floor Columbus, Ohio 43215

z --I-

Mark Gillis (0066908) Attorney for Appellant

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IN THE SUPREME COURT OF OHIO

Board of Education of the Columbus City Schools,

Appellant,

Case No.

V.

Franklin County Board of Revision, Frailklin County Auditor, and Walnut Builders, Inc. and Helen R. Vilardo, Exec.

Appellees.

Appeal from the Ohio Board of Tax Appeals - Case No. 2013-3521 through 3527 and 2013-3531

REQUEST TO CERTIFY ORIGI_NAL PAPERS TO THE SUPREME COURT OF OHIO TO: The Clerk of the Ohio Board of Tax Appeals:

The Appellant, who has filed a notice of appeal with the Supreme Court, makes this written

demand upon the Clerk and this Board to certify the record of its proceedings and the original papers of this Board and statutory transcript of the Board of Revision in the case of Board of Eclucation of the Columbus City Schools v. Franklin County Board of Revision, Franklin County Auditor, and Walnut Builders, .Inc. and Helen R. Vilardo, Exec., BTA Case Nos. 2013-3521 through 2013-3527 and 2013-3531, rendered on April 10, 2014, to the Supreme Court of Ohio within 30 days of service hereof as set forth in R.C. 5717.04.

Respectfully submitted,

Mark Gillis (0066908) Rich & Gillis Law Group, LLC

Attorneys for Appellant Board of Education

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nHIO BOARD Oir, TAX APPEA,^ S

Board of Education of the Columbus City ) CASE NOS, 2013-3521

Schools, ) through 2013-3527,

Appellant,

) and 2013-3531

(REAL PROPERTY TAX) vsa

Franklin County Board ofRevzsion, Franklin County Auditor, Walnut Builders, Inc., and Helen R. Vilardo, Executor,

DECISION AND ORDER

APPEARANCES:

Appellees.

For the Appellant - Rich & Gillis Law Group, LLC Kimberly G. Allison 6400 Riverside Drive, Suite D Dublin, Ohio 43017

For the County Appellees

- Ron O'Brien Franklin County Prosecuting Attorney William J. Stehle Assistant Prosecuting Attorney 373 South High Street, 20th Floor Columbus, Ohio 43215

For the Appellee - Decker Vonau, LLC

Owners

James D. Viets

620 East Broad Street, Suite 200

Columbus, Ohio 43215

Entered APR 10 214

Mr. Williamson, Mr. Johrendt, and Mr. Harbarger concur.

Appellant appeals decisions of the board of revision ("BOR") which determined the value of the subject properties.I This matter is now considered upon

the notices of appeal, the transcripts certified by the BOR pursuaiit to R.C. 5717.01, the record of the hearing before this board, and the parties' briefs. The subject properties' total true value was initially assessed at $2,751,600. Decrease complaints were filed by the appellee owners seeking a total decrease in value to $2,026,500, and countercomplaints were filed by the board of education requesting that the auditor's values be maintained. At the BOR hearing, appellant presented opinions of value from

Gary Parsons, who chose three comparable sales for each of the subject properties and

Appellant has appealed decisions valuing the following parcel nunibers: 010-170076-00, 010170082-00, 010-172645-00, 010-172691-00, 010-172660-00, 010-172662-00, 010-172667-00, 010027891-00, 010-170085-00, 010-172696-00, 010-127447-00, 010-127448-00, 010-127449-00, 010172688-00, 010-172689-00, 010-172690-00, 010-172646-00, 010-172647-00, 010-172652-00, 010172685-00, 010-172686-00, and 010-172687-00.

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