Emerson Network Power Energy Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision (Slip Opinion)

2016 Ohio 8392, 75 N.E.3d 178, 149 Ohio St. 3d 369
CourtOhio Supreme Court
DecidedDecember 28, 2016
Docket2014-1781
StatusPublished
Cited by2 cases

This text of 2016 Ohio 8392 (Emerson Network Power Energy Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emerson Network Power Energy Sys., N. Am., Inc. v. Lorain Cty. Bd. of Revision (Slip Opinion), 2016 Ohio 8392, 75 N.E.3d 178, 149 Ohio St. 3d 369 (Ohio 2016).

Opinions

Per Curiam.

{¶ 1} This real-property-valuation case concerns the proper valuation for tax year 2012 of an unused office-warehouse property. The Lorain County auditor valued the property at $1,388,700, and the property owner—appellant, Emerson Network Power Energy Systems, North America, Inc. (“Emerson”)—variously sought a sale-price valuation of $50,000 and an appraisal valuation of either $450,000 or $588,000. Although the sale price was originally rejected by the Lorain County Board of Revision (“BOR”) on the grounds that the sale had not been consummated, the transfer allegedly did occur after the hearing held by the Board of Tax Appeals (“BTA”). Because the evidence of transfer was presented [370]*370after the close of its hearing, the BTA rejected the sale price and, in the final of its three decisions in this matter, adopted $588,000 as the value of the property.

{¶ 2} On appeal, Emerson argues that the BTA had a duty to consider its posthearing evidence of the consummation of the sale for a price of $50,000. Alternatively, Emerson argues that the appraisal valuation was shown to be $450,000 rather than $588,000. Given the peculiarities of the case, we hold that the BTA erred both by declining to consider the belated evidence of the transfer of the property as well as by concluding that the BTA’s initial decision was based on a “clerical error” that could be corrected without weighing the conflicting evidence of the value of the property. We therefore vacate the BTA’s decisions and remand the cause for further proceedings.

FACTUAL BACKGROUND

The 'property

{¶ 3} The subject property was vacant as of the tax-lien date, January 1, 2012. Construction dated to 1948, with later additions in the 1950s and 1960s and finally in 1972. The building amounted to 89,400 square feet. On the lien date, it was in need of repair and contained asbestos. According to Emerson vice president Stephen Clarke, who testified before the BTA, the company had long planned to demolish the building or sell the property by the January 1, 2012 tax-lien date. At the BOR, Bob Pollock, facility manager for Emerson, testified that Emerson vacated the property at issue in September 2010. Thereafter, Emerson attempted to donate the property but without success.

The BOR proceedings

{¶ 4} Emerson filed a complaint challenging the auditor’s $1,388,700 valuation of its property for 2012, a reappraisal year in Lorain County, and seeking a reduction to $400,000. Appellee Lorain City School District Board of Education (“BOE”) filed a countercomplaint seeking retention of the auditor’s valuation.

{¶ 5} At the BOR, Emerson introduced into evidence a draft purchase agreement for the property, under which the buyer would pay $50,000 to acquire the property for a call-in data center. The buyer had no preexisting relationship with Emerson. The BOR heard the testimony offered by Emerson witnesses and considered the purchase agreement but ruled that the draft agreement was not itself a sale and retained the auditor’s valuation.

The BTA proceedings

{¶ 6} Emerson appealed to the BTA. At the BTA hearing, Emerson presented two theories of value as alternatives: (1) the $50,000 sale price, again based not on an actual transfer of the property but only on the draft purchase agreement, [371]*371and (2) an appraisal report in two written versions, prepared by Lawrence Mitchell, a member of the Appraisal Institute.

{¶ 7} In light of Emerson’s submission of two versions of the appraisal report, Mitchell’s testimony led to confusion at the BTA. One version of the report bore the date March 19, 2014, and was the subject of most of Mitchell’s testimony. That version of the report stated a valuation of $588,000. But Emerson also introduced a different version of the report that bore the date March 21, 2014, used the same comparables as the March 19 version, and stated a valuation of $450,000.

{¶ 8} Emerson’s counsel examined Mitchell on the March 19 version of the report, and Mitchell testified, “Mr. Louis [Emerson’s counsel] said it was 450,000—but we’re actually at 588,000 that was our final value conclusion on this.” Later in his testimony, he reiterated, “So my final conclusion as of January 1st, 2012 was $588,000.”

{¶ 9} Thereafter, Emerson’s counsel mentioned the March 21 version of the appraisal report with an opinion of value of $450,000 and asked whether Mitchell was familiar with it. Mitchell responded, “Now that you’ve mentioned it, yes.” Then counsel asked, “Can you talk to the Board about your work and the difference between reaching a conclusion of $450,000 and $588,000?” Mitchell’s answer was “inefficiency in the market data” and that “a value anywhere in that range [presumably meaning $450,000 to $588,000] would be supportable and reasonable.” He also stated, “I couldn’t find anything that would indicate that it’s worth $50,000.”

{¶ 10} The hearing examiner asked Mitchell to elaborate on the existence of the two reports with two different dates. Mitchell responded that a coworker took responsibility for the first version, after which Mitchell made his comments and updates, resulting in the later version.

{¶ 11} No further testimony of Mitchell on the March 21 version of the appraisal report was elicited. Notable by its absence is any direct testimony from Mitchell that the $450,000 opinion of value is more accurate than the $588,000 valuation.

{¶ 12} No briefing was scheduled at the BTA hearing. After the hearing, Emerson nonetheless filed a brief in the BTA on August 14, 2014; that brief, along with a reply brief filed on September 10, 2014, stated that the alleged $50,000 sale of the subject property closed “on or about August 1, 2014.” Attached to the brief were an auditor-stamped copy of the deed and an executed but not stamped or certified conveyance-fee statement indicating $50,000 as the sale price.

[372]*372{¶ 13} In a response brief, the BOE objected to Emerson’s submission of the sale evidence after the hearing as improper, challenging the documents as insufficient evidence of the sale price and noting the lack of cross-examination regarding the completed sale.

The BTA’s three decisions

{¶ 14} The BTA issued three successive decisions in this matter, in conjunction with two successive motions for reconsideration filed by the parties.

{¶ 15} The first of the three decisions was issued on September 11, 2014; in it, the BTA made no mention of the posthearing evidence of the transfer of the property submitted by Emerson and observed that a sale has not occurred until property has been transferred. BTA No. 2013-5354, 2014 WL 5406601, *2 (Sept. 11, 2014). The BTA then adopted the $450,000 opinion of value stated in Mitchell’s March 21 appraisal report. Id.

{¶ 16} After Emerson filed a motion for reconsideration, the BTA issued a second decision on September 30, 2014. Emerson’s motion had urged the BTA to consider the posthearing sale evidence and adopt the alleged $50,000 sale price as the property value. The BTA’s second decision denied the motion, stating that Emerson “seeks to have this board consider evidence of a sale that was not properly made part of the record, i.e., through the hearing process or by motion and/or stipulation of facts after the hearing.” BTA No. 2013-5354, 2014 WL 5406402, *1 (Sept. 30, 2014).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
2016 Ohio 8392, 75 N.E.3d 178, 149 Ohio St. 3d 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emerson-network-power-energy-sys-n-am-inc-v-lorain-cty-bd-of-ohio-2016.