Lowe's Home Ctrs., Inc. v. Washington Cty. Bd. of Revision (Slip Opinion)

2018 Ohio 1974, 116 N.E.3d 79, 154 Ohio St. 3d 463
CourtOhio Supreme Court
DecidedMay 22, 2018
Docket2015-2109
StatusPublished
Cited by14 cases

This text of 2018 Ohio 1974 (Lowe's Home Ctrs., Inc. v. Washington 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
Lowe's Home Ctrs., Inc. v. Washington Cty. Bd. of Revision (Slip Opinion), 2018 Ohio 1974, 116 N.E.3d 79, 154 Ohio St. 3d 463 (Ohio 2018).

Opinions

Per Curiam.

*81*463{¶ 1} In this real-property-valuation case, the Board of Tax Appeals ("BTA") relied on an appraisal report furnished by appellees Washington County Board of Revision ("the BOR") and Washington County auditor (collectively, the "county") to value a property owned by appellants, Lowe's Home Centers, Inc. and Lowe's Home Centers, L.L.C. (collectively, "Lowe's"). Although Lowe's presented its own appraisal report, the BTA found that the county's report constituted the most competent and probative evidence of the value of the subject property for tax year 2013. Lowe's has appealed.

{¶ 2} We conclude that our decisions in Steak 'N Shake, Inc. v. Warren Cty. Bd. of Revision , 145 Ohio St.3d 244, 2015-Ohio-4836, 48 N.E.3d 535, Rite Aid of Ohio, Inc. v. Washington Cty. Bd. of Revision , 146 Ohio St.3d 173, 2016-Ohio-371, 54 N.E.3d 1177, and Lowe's Home Centers, Inc. v. Washington Cty. Bd. of Revision , 145 Ohio St.3d 375, 2016-Ohio-372, 49 N.E.3d 1266, provide the proper guideposts for resolving this controversy. The BTA, however, did not take this trilogy into account, and understandably so; at the time of the BTA's decision, Steak 'N Shake had just been decided and Rite Aid and Lowe's had not yet been decided. Because the BTA, as the finder of fact, has yet to evaluate the evidence in this case in light of the legal standards articulated in those decisions, we vacate its decision and remand the cause for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

{¶ 3} The property at issue consists of five parcels constituting roughly 16 acres of land in Marietta. The property is improved with a 142,446-square-foot *464home-improvement store. The store is owned and occupied by Lowe's and was constructed in 2002. For tax year 2013, the county auditor valued the property at $9,595,570; Lowe's challenged that valuation with a decrease complaint.

BOR proceedings

{¶ 4} At the BOR hearing, Lowe's presented an appraisal report and supporting testimony from Richard G. Racek Jr., a certified appraiser. Racek's report describes the appraisal as valuing the fee-simple interest in the property. He opined that the property's highest and best use, as improved, is its continued retail use and, as vacant, is a permitted retail use.

{¶ 5} Racek performed a sales-comparison and an income approach to value. For the sales-comparison approach, Racek evaluated nine transactions involving big-box stores located throughout Ohio. Six involved unoccupied properties that sold in the absence of a lease. The remaining three involved properties that sold with a lease in place. When appropriate, Racek made adjustments to the properties to account for such characteristics as location, condition, land-to-building ratio, and rental rate.

{¶ 6} For the income approach, Racek evaluated 20 properties. Eleven of these involved properties with a lease in place, five involved properties with an asking rental rate, and the remaining four involved Lowe's stores that were leased as of the January 1, 2013 tax-lien date. Racek noted adjustments to the rent comparables when appropriate.

*82{¶ 7} After reconciling the two approaches, Racek opined a value of $5,700,000 as of January 1, 2013.

{¶ 8} The BOR retained the county auditor's valuation of $9,595,570, in accord with the recommendation of its technical adviser.

BTA proceedings

{¶ 9} At the BTA hearing, the county presented an appraisal report and supporting testimony from Thomas D. Sprout, a certified appraiser. According to Sprout, he appraised the property's unencumbered, fee-simple interest. He opined that the property's highest and best use as improved is its existing use and as vacant is a retail building consistent with the locality's zoning provisions.

{¶ 10} Sprout performed a sales-comparison and an income approach to value. For the sales-comparison approach, Sprout attempted "to find big box users, retail users, that were occupying their building at the point of sale." He evaluated seven transactions. Five involved properties where the sale occurred with a lease in place. He described the sixth transaction as the sale of a Costco Wholesale store without a lease in place. But on cross-examination, counsel for Lowe's presented to Sprout evidence that the sixth transaction was instead a buyout of a *465ground lease,1 to which Sprout responded that had he known that the sale was a buyout of a ground lease, he would not have included it in his report. The seventh transaction involved a sale without a lease in place, but Sprout stated that he gave this sale no weight. When appropriate, Sprout noted adjustments to the comparables for property rights conveyed, market conditions, location, and building size and condition.

{¶ 11} For the income approach, Sprout evaluated eight properties. He strove to identify "occupied units where leases were recently renewed" and instances when "second time users [were] coming into the property." Sprout noted whether the location and condition of each rent comparable was superior, inferior, or similar to those of the subject property. He then noted whether the rent for each comparable fell on the lower, middle, or upper end of the range as compared to what the subject property could rent for if it was not owner-occupied.

{¶ 12} In his final reconciliation, Sprout gave equal weight to the sales-comparison and income approaches, opining a value of $8,800,000 as of January 1, 2013.

{¶ 13} The BTA concluded that Sprout's appraisal provided the most competent and probative evidence of the subject property's value. The BTA found that in contrast to Racek's heavy reliance on second-generation sales, "Sprout's inclusion of first-generation properties and build-to-suit properties subject to long-term leases was most appropriate, given that [Lowe's] occupied the subject property as of the tax lien date."2 BTA No.

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

Related

Costco Wholesale Corp. v. Cuyahoga Cty. Bd. of Revision
2025 Ohio 2990 (Ohio Court of Appeals, 2025)
Lalibla, L.L.C. v. Harris, Tax Commr.
2024 Ohio 5995 (Ohio Court of Appeals, 2024)
Teays Valley Local School Dist. Bd. of Edn. v. Struckman
2023 Ohio 244 (Ohio Court of Appeals, 2023)
Benchic v. Skaggs
2022 Ohio 913 (Ohio Court of Appeals, 2022)
Amherst Marketplace Station, L.L.C. v. Lorain Cty. Bd. of Revision
2021 Ohio 3866 (Ohio Court of Appeals, 2021)
Sheffield Crossing Station, L.L.C. v. Lorain Cty. Bd. of Revision
2020 Ohio 6938 (Ohio Court of Appeals, 2020)
Corex Partners, L.L.C. v. Franklin Cty. Bd. of Revision
2020 Ohio 3865 (Ohio Court of Appeals, 2020)
Rancho Cincinnati Rivers, L.L.C. v. Warren Cty. Bd. of Revision
2020 Ohio 1319 (Ohio Court of Appeals, 2020)
Lowe's Home Ctrs., L.L.C. v. Brooklyn City Schools Bd. of Edn.
2020 Ohio 464 (Ohio Court of Appeals, 2020)
McDonalds USA, L.L.C. v. Lorain Cty. Bd. of Revision
2019 Ohio 4217 (Ohio Court of Appeals, 2019)
Dunlop v. Ohio Dept. of Job & Family Servs.
2019 Ohio 3632 (Ohio Court of Appeals, 2019)
State v. D.M.
2018 Ohio 3327 (Ohio Court of Appeals, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
2018 Ohio 1974, 116 N.E.3d 79, 154 Ohio St. 3d 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowes-home-ctrs-inc-v-washington-cty-bd-of-revision-slip-opinion-ohio-2018.