Lunn v. Lorain Cty. Bd. of Revision (Slip Opinion)

2016 Ohio 8075, 73 N.E.3d 486, 149 Ohio St. 3d 137
CourtOhio Supreme Court
DecidedDecember 13, 2016
Docket2014-1669
StatusPublished
Cited by31 cases

This text of 2016 Ohio 8075 (Lunn 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
Lunn v. Lorain Cty. Bd. of Revision (Slip Opinion), 2016 Ohio 8075, 73 N.E.3d 486, 149 Ohio St. 3d 137 (Ohio 2016).

Opinions

Per Curiam.

{¶ 1} This real-property-valuation case involves a single-family residence in Elyria owned by appellee Betty L. Lunn. She challenged the Lorain County auditor’s valuation of the property for tax year 2012, alleging that her February 2011 purchase was a recent arm’s-length sale that established a lower true value. The Lorain County Board of Revision (“BOR”) retained the auditor’s valuation, finding that she had provided insufficient evidence of the sale. The Board of Tax Appeals (“BTA”) reversed and valued the property according to the sale price. The auditor and BOR (collectively, “the county”) jointly appealed to this court.

{¶ 2} The county first argues that Lunn, who did not appear at the BOR hearing, failed to meet her burden of proof with competent and probative evidence of an arm’s-length sale. We reject this argument in view of the evidence that Lunn gave the BOR and the absence of any dispute concerning her purchase. We hold that the BTA acted reasonably and lawfully when it found that Lunn satisfied her initial burden to show a recent arm’s-length sale under former R.C. 5713.03, Am.Sub.H.B. No. 260, 140 Ohio Laws, Part II, 2665, 2722.1

{¶ 3} The county also argues that even if Lunn met her initial burden, it rebutted her claim by showing that an insolvent real estate mortgage investment conduit (“REMIC”) sold the property to Lunn after foreclosure. We agree with this aspect of the county’s argument and hold that Lunn’s purchase was a “forced sale” under R.C. 5713.04. We reverse the decision of the BTA because Lunn [138]*138failed to overcome the presumption, arising under R.C. 5713.04, that the REMIC’s postforeclosure sale was not indicative of the property’s true value.

Facts and Procedural History

{¶ 4} The auditor valued the subject property at $85,170 for tax year 2012. Lunn complained that its true value was $22,000—the price she paid for it in February 2011. In response to her complaint, appellee Elyria City Schools Board of Education (“BOE”) filed a countercomplaint seeking to retain the auditor’s valuation.

{¶ 5} The BOR notified the parties that it would hold a hearing on their claims. Before the hearing, Lunn sent the BOR copies of several documents related to her purchase, including a parcel report from the auditor’s website, a conveyance-fee statement, a partial settlement statement, a partial limited warranty deed, a partial purchase agreement, and documents related to the real-estate agent’s listing. Several of these documents indicated that she had purchased the property for $22,000 in February 2011.

{¶ 6} At the BOR hearing, a member of the board noted that Lunn had submitted documents concerning her purchase, and the attorney for the BOE acknowledged the documents and Lunn’s $22,000 purchase: Although the BOE questioned the weight of Lunn’s evidence, no party argued that it was inadmissible, and no one disputed that the February 2011 sale had occurred. Nevertheless, because neither Lunn nor her attorney attended the hearing, the BOR found that she had produced insufficient evidence to support her claim and retained the auditor’s valuation.

{¶ 7} Lunn appealed to the BTA but did not file a brief or attend the BTA hearing. The county, however, presented the testimony of an expert witness, Paul B. Bellamy, J.D., Ph.D., who explained that Lunn had purchased the property in February 2011 from U.S. Bank, National Association, which sold it as trustee for a REMIC, and that the REMIC had acquired the property for $33,000 in January 2011 as a result of a sheriffs sale. He opined that the $22,000 sale to Lunn a month later did not represent the true value of the property for tax year 2012. He also said that based on restrictions created under federal tax laws, a REMIC cannot act as a “typical seller.”

{¶ 8} The BTA, noting that the parties did not dispute the February 2011 sale price, reversed the BOR’s decision and established $22,000 as the true value of the property. The BTA stated that “[ajbsent an affirmative demonstration such sale is not a qualifying sale for tax valuation purposes, we find the existing record demonstrates that the transaction was recent, arm’s-length, and constitutes the best indication of the subject’s value as of [the] tax lien date.”

{¶ 9} The county appealed to this court.2

[139]*139Analysis

Lunn met her initial burden

{¶ 10} Based on the nature of her claim, Lunn had to show that her purchase was both recent to the tax-lien date and arm’s length in nature. See Am.Sub. H.B. No. 260, 140 Ohio Laws, Part II, at 2722; Columbus City School Dist. Bd. of Edn. v. Franklin Cty. Bd. of Revision, 90 Ohio St.3d 564, 566, 740 N.E.2d 276 (2001); Snavely v. Erie Cty. Bd. of Revision, 78 Ohio St.3d 500, 503, 678 N.E.2d 1373 (1997). If she could prove these facts and if they went unrebutted, the county would be required to treat the sale price as the property’s true value for tax year 2012. Cummins Property Servs., L.L.C. v. Franklin Cty. Bd. of Revision, 117 Ohio St.3d 516, 2008-Ohio-1473, 885 N.E.2d 222, ¶ 13. Absent such a showing, however, the county was justified in rejecting the use of the sale price.

{¶ 11} The county does not dispute that Lunn’s purchase of the property occurred within a reasonable length of time of the tax-lien date. The remaining factual question, therefore, is whether the sale occurred at arm’s length “between a willing seller and a willing buyer.” Am.Sub.H.B. No. 260, 140 Ohio Laws, Part II, at 2722. This court has held that “[a]n arm’s-length sale is characterized by these elements: it is voluntary, i.e., without compulsion or duress; it generally takes place in an open market; and the parties act in their own self-interest.” Walters v. Knox Cty. Bd. of Revision, 47 Ohio St.3d 23, 546 N.E.2d 932 (1989), syllabus.

{¶ 12} The BTA reduced the valuation because the parties did not dispute that Lunn had purchased the property for $22,000 and, according to the BTA, no evidence showed that the transaction was not at arm’s length. The BTA, in effect, presumed that the sale had occurred at arm’s length and required the county to prove otherwise. In its first proposition of law, the county challenges the BTA’s application of that presumption, arguing that it cannot arise when the taxpayer fails to appear at the board-of-revision hearing to authenticate supporting documents and be subject to cross-examination.

{¶ 13} On appeal, we must decide whether the BTA’s decision was “reasonable and lawful,” R.C. 5717.04. Because the county’s first proposition involves a judicially created presumption, it initially presents a legal issue that we consider de novo. See Akron City School Dist. Bd. of Edn. v. Summit Cty. Bd. of [140]*140Revision, 139 Ohio St.3d 92, 2014-Ohio-1588, 9 N.E.3d 1004, ¶ 10-11. But we will defer to the BTA’s findings concerning the weight of evidence so long as they are supported by the record. Olmsted Falls Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 122 Ohio St.3d 134, 2009-Ohio-2461, 909 N.E.2d 597, ¶ 27.

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

Related

Skiles v. Hamilton Cty. Auditor
2025 Ohio 2015 (Ohio Court of Appeals, 2025)
Quinton v. Delaware Cty. Bd. of Revision
2024 Ohio 6034 (Ohio Court of Appeals, 2024)
Stag Indus. Holdings, L.L.C. v. Cuyahoga Cty. Bd. of Revision
2024 Ohio 2814 (Ohio Court of Appeals, 2024)
Lake Cove Apts., L.L.C. v. Cuyahoga Cty. Bd. of Revision
2024 Ohio 466 (Ohio Court of Appeals, 2024)
MP 11868 Clifton, L.L.C. v. Cuyahoga Cty. Bd. of Revision
2023 Ohio 4647 (Ohio Court of Appeals, 2023)
REO Invests. L.L.C. v. Cuyahoga Cty. Bd. of Revision
2022 Ohio 1171 (Ohio Court of Appeals, 2022)
Balco Realty, L.L.C. v. Cuyahoga Cty. Bd. of Revision
2021 Ohio 3349 (Ohio Court of Appeals, 2021)
Gupta v. Lucas Cty. Bd. of Revision
2021 Ohio 332 (Ohio Court of Appeals, 2021)
Yim v. Cuyahoga Cty. Bd. of Revision
2020 Ohio 6742 (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)
Green Local Schools Bd. of Edn. v. Manolakis
2019 Ohio 3250 (Ohio Court of Appeals, 2019)
Orange City Schools Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision
2019 Ohio 634 (Ohio Court of Appeals, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2016 Ohio 8075, 73 N.E.3d 486, 149 Ohio St. 3d 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lunn-v-lorain-cty-bd-of-revision-slip-opinion-ohio-2016.