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Gammarino v. Hamilton Cty. Bd. of Revision

Supreme Court of Ohio
Dec 30, 1994
71 Ohio St. 3d 388 (Ohio 1994)

Summary

In Gammarino v. Hamilton Cty. Bd. of Revision (1994), 71 Ohio St.3d 388, 643 N.E.2d 1143, a real property valuation complaint for tax year 1990 was dismissed for lack of standing.

Summary of this case from Elkem Metals L.P. v. Wash. Cty. Bd. of Revision

Opinion

No. 93-2272

Submitted September 9, 1994 —

Decided December 30, 1994.

APPEAL from the Board of Tax Appeals, No. 92-B-1402.

Appellee, Al Gammarino, objected to the valuation of certain real property as determined by the Auditor of Hamilton County for tax year 1990 and filed a complaint with the Hamilton County Board of Revision. The board dismissed the complaint for lack of standing and Gammarino appealed to the Board of Tax Appeals ("BTA"). That appeal was dismissed because Gammarino failed to file a timely notice of appeal. Tax year 1990 was the first year of a triennium.

For tax year 1991, Gammarino filed the instant complaint with the board of revision, again challenging the valuation of the same parcel. The board dismissed the complaint for lack of prosecution, because Gammarino failed to appear for the board of revision hearing despite having received notice of the hearing. Again, Gammarino appealed to the BTA.

At the BTA hearing, the auditor moved to dismiss the appeal under R.C. 5715.19(A)(2), asserting that the valuation fixed for the first year of the triennium applied to subsequent years. The auditor contended also that the appeal should be dismissed because Gammarino had failed to appear at the board of revision hearing or otherwise participate before the board of revision.

The BTA denied the auditor's motion, finding that the board of revision lacked the statutory authority to dismiss the complaint and was required by R.C. 5715.19 to determine the value of the subject property. The BTA reinstated Gammarino's complaint and remanded the cause to the board of revision for a determination of value.

The cause is now before this court upon an appeal as of right.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Thomas J. Scheve, Assistant Prosecuting Attorney, for appellant.


The decision of the BTA is unreasonable and unlawful and it is reversed.

R.C. 5715.19(A)(2) prohibits a person from filing a complaint as to the valuation of property if the person "filed a complaint against the valuation * * * for any prior tax year in the same interim period, unless the person * * * alleges that the valuation * * * should be changed due to one or more of the following circumstances that occurred after the tax lien date for the tax year for which the prior complaint was filed and that the circumstances were not taken into consideration with respect to the prior complaint:

"(a) The property was sold in an arm's length transaction * * *;

"(b) The property lost value due to some casualty;

"(c) Substantial improvement was added to the property;

"(d) An increase or decrease of at least fifteen per cent in the property's occupancy has had a substantial economic impact on the property."

R.C. 5715.19(A)(2) further states: "`interim period' means, for each county, the tax year to which section 5715.24 of the Revised Code applies and each subsequent tax year until the tax year in which that section applies again."

R.C. 5715.19(A)(2) clearly provides that only one complaint can be filed during each interim period absent any showing of a change in circumstances as described in R.C. 5715.19(A)(2)(a) through (d). Gammarino never disputed that he had filed two complaints within the same interim period, and in his second complaint, he failed to assert the applicability of any of the circumstances enumerated in R.C. 5715.19(A)(2)(a) through (d).

Therefore, the BTA erred in failing to grant the auditor's motion to dismiss Gammarino's appeal on the basis that a complaint for the first year of the same triennium had already been filed.

The decision of the BTA refusing to dismiss the complaint and requiring the board of revision to make a determination as to the value of the subject property is unreasonable and unlawful and it is reversed.

Decision reversed.

MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.


Summaries of

Gammarino v. Hamilton Cty. Bd. of Revision

Supreme Court of Ohio
Dec 30, 1994
71 Ohio St. 3d 388 (Ohio 1994)

In Gammarino v. Hamilton Cty. Bd. of Revision (1994), 71 Ohio St.3d 388, 643 N.E.2d 1143, a real property valuation complaint for tax year 1990 was dismissed for lack of standing.

Summary of this case from Elkem Metals L.P. v. Wash. Cty. Bd. of Revision

In Gammarino v. Hamilton Cty. Bd. of Revision (1994), 71 Ohio St.3d 388, 643 N.E.2d 1143, we approved dismissal of the complaint under R.C. 5715.19, since Gammarino's complaint was his second filing in the same triennial period.

Summary of this case from Kalmbach Wagner Swine Research Farm v. Board of Revision

In Gammarino v. Hamilton Cty. Bd. of Revision (1994), 71 Ohio St.3d 388, 390, 643 N.E.2d 1143, 1144, we held that the BTA should have granted the auditor's motion to dismiss because in his second complaint Gammarino had "failed to assert the applicability of any of the circumstances enumerated in R.C. 5715.19(A)(2)(a) through (d)."

Summary of this case from Columbia v. Bd. of Revision

In Gammarino, the Ohio Supreme Court essentially determined that a complainant's burden of proving one of the exceptions enumerated in R.C. 5715.19(A)(2)(a) through (d) prior to the filing of a second complaint in the same triennium is a jurisdictional threshold issue.

Summary of this case from General Electric v. Bd. of Revision

In Gammarino, the property owner filed a valuation complaint with the board of revision with respect to the 1990 tax year, which was the first year of a triennium.

Summary of this case from General Electric v. Bd. of Revision
Case details for

Gammarino v. Hamilton Cty. Bd. of Revision

Case Details

Full title:GAMMARINO, APPELLEE, v. HAMILTON COUNTY BOARD OF REVISION; RHODES…

Court:Supreme Court of Ohio

Date published: Dec 30, 1994

Citations

71 Ohio St. 3d 388 (Ohio 1994)
643 N.E.2d 1143

Citing Cases

General Electric v. Bd. of Revision

We are persuaded by the position taken by G.E., as we recognize a distinction, for purposes of R.C.…

Elkem Metals L.P. v. Wash. Cty. Bd. of Revision

Elkem, on the other hand, contends that a dismissed property valuation complaint does not constitute a…