TAX - OHIO

NWD 300 Spring, L.L.C. v. Franklin County Board of Revision

Supreme Court of Ohio - September 14, 2017 - N.E.3d - 2017 WL 4081818 - 2017 -Ohio- 7579

Condominium unit owners filed complaints challenging an increase in the valuation of the land underlying the condominiums for tax purposes. The Franklin County Board of Revision adopted the county auditor’s appraisal.

Unit owners appealed, and the Board of Tax Appeals adopted the land value in the city schools board of education’s appraisal. Unit owners appealed.

The Supreme Court of Ohio held that the Board of Tax Appeals did not abuse its discretion in finding appraisal submitted by city schools board of education more probative of the value of the land.

Board of Tax Appeals did not abuse its discretion in finding appraisal of land underlying condominium complex submitted by city schools board of education more probative of the value of the land than that performed by appraiser hired by unit owners. Board’s appraiser’s use of comparables in central business district, despite fact that land at issue was outside of such district, reflected the appraiser’s opinion that subject property’s location was actually better than comparables’ location, as appraiser noted that area surrounding subject property commanded higher rents than did those around comparables, and reference to mixed-use comparables comported with highest-and-best-use determination, despite fact that subject property had no commercial tenants.



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