Princeton City School District Board of Education v. Zaino

760 N.E.2d 375, 94 Ohio St. 3d 66
CourtOhio Supreme Court
DecidedJanuary 16, 2002
DocketNos. 00-1502, 00-1503, 00-1504, 00-1505, 00-1506 and 00-1507
StatusPublished
Cited by10 cases

This text of 760 N.E.2d 375 (Princeton City School District Board of Education v. Zaino) 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
Princeton City School District Board of Education v. Zaino, 760 N.E.2d 375, 94 Ohio St. 3d 66 (Ohio 2002).

Opinion

Alice Robie Resnick, J.

On April 23, 1990, the Union Township Board of Trustees resolved to declare improvements for several of the roads in the township to be public improvements that qualified for tax increment financing (“TIF”) because the improvements would alleviate traffic problems for area businesses and would spur new development. The board of trustees declared the improvements “to be a public purpose for a period of thirty (30) years (subject to earlier termination upon the retirement of tax increment debt), commencing on the date of this Resolution.” The board of trustees identified the parcels of land that would benefit from the improvements and exempted from real property taxation further improvements occurring on the parcels after the date of the resolution. Finally, the board of trustees expressed its intention to construct public improvements to the roads and pay for the improvements “with service payments in lieu of taxes to be made by the owners of the parcels of land described in [an attached list of six properties].” On July 9, 1991, the board of trustees extended the boundaries of the TIF district to include additional property owned by Duke Associate World Park.

Since passing the resolutions, the township has improved the road system within the area encompassed by the TIF, including improving access to Interstate 75, and additional road improvements are planned. Some of the owners of the parcels identified in the resolutions, taking advantage of the improved road system, have further developed their parcels.

In 1996, township officials urged the owners of the parcels in the TIF area to apply to appellee Tax Commissioner' to exempt their parcels from the real property tax for 1996. In 1997, the applicants clarified that they also sought remission of taxes on the parcels for 1993, 1994, and 1995. The Board of Education, Princeton City School District (“Princeton”), appellant, notified the commissioner of its intention to participate in the hearings on the applications. The commissioner found that the township had complied with the statutes authorizing TIFs and on June 24, 1997, exempted the properties beginning in tax year 1996 and ending either in the earlier of tax year 2020 (except for one parcel ending in 2021) or on the date on which the township fully pays for the improvements from the township public improvement fund. The commissioner further remitted taxes, penalties, and interest for tax years 1993, 1994, and 1995.

[68]*68Princeton appealed the commissioner’s orders to the Board of Tax Appeals (“BTA”). The BTA, rejecting Princeton’s arguments and concluding that Union Township had correctly followed the Revised Code in establishing the TIF program, affirmed the commissioner’s orders on July 21, 2000.

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

Overview of Tax Increment Financing Plans

Meek & Pearlman, Ohio Planning and Zoning Law (2000) 704, Section T 15.29, explains TIFs:

“Tax increment financing (TIF) is a method for funding public improvements in an area slated for redevelopment by recapturing, for a time, all or a portion of the increased property tax revenue that may result if the redevelopment stimulates private reinvestment. For example, a local government may redevelop the area surrounding a public square, installing public improvements like fountains, benches, statutory [sic] or a parking garage and financing their installation with the recaptured tax increment.”

3 Princehorn & Shimp, Ohio Township Law (2000) 42, Section T 2.6, describes how townships employ TIFs to fund public improvements:

“Townships are authorized to declare improvements to real property to be exempt from property taxation and to require the owner of such property to make service payments in lieu of the real property taxes that would have been payable with respect to the improvements had the property not been exempted by the township. A township receiving such payments in lieu of taxes is required to establish a public improvement tax increment equivalent fund and to deposit such payments-into that fund. The township must use moneys deposited into the public improvement tax increment equivalent fund to pay the costs of public improvements, or to pay the principal of and interest on bonds or notes issued to pay the costs of such public improvements, that are necessary for the development of the real property for which the exemption is granted.”

R.C. 5709.73, initially enacted in Sub.H.B. No. 390, 142 Ohio Laws, Part II, 3539, 3541-3542 (effective October 20, 1987), empowers a township to designate parcels for a public improvement area, to exempt further improvements to these parcels from the real estate tax, and to construct public improvements in the designated area.1 At the time of the board of trustees’ 1990 resolution, it read:

[69]*69“A board of township trustees may, by unanimous vote, adopt a resolution that declares to be a public purpose for any number of years not to exceed thirty any public improvements made that are necessary for the development of certain parcels of land located in the unincorporated area of the township. Such resolution may exempt from real property taxation further improvements to a parcel of land which benefited from such public improvements. The exemption commences on the effective date of the resolution and ends on the date specified in the resolution as the date the improvement ceases to be a public purpose, or ends on the date on which such improvements are paid in full from the township public improvement tax increment equivalent fund established under section 5709.75 of the Revised Code, whichever occurs first. The board of township trustees may, by majority vote, adopt a resolution which permits the township to enter into such agreements as the board finds necessary or appropriate to provide for the construction of public improvements. Any exemption shall be claimed and allowed in the same or a similar manner as in the case of other real property exemptions. * * *

“As used in this section and section 5709.74 of the Revised Code, ‘further improvement’ means the increase in the true value of the parcel of property in the unincorporated territory of the township after the effective date of the resolution.” Id., 142 Ohio Laws, Part II, 3539, 3541-3542.

R.C. 5709.74, also initially enacted in Sub.H.B. No. 390, authorizes a township to require the parcel owner to pay into an improvement fund instead of paying taxes:

“A township that has declared an improvement to be a public purpose under section 5709.73 of the Revised Code may require the owner of the parcel to make annual service payments in lieu of taxes to the county treasurer on or before the final dates for payment of real property taxes. Each payment shall be charged and collected in the same manner and in the same amount as the real property taxes that would have been charged and payable against any improvement made on the parcel if it were not exempt from taxation. * * * A township shall not require an owner to make annual service payments in lieu of taxes pursuant to this section after the date on which the township has been paid back in full for the public improvements made pursuant to sections 5709.73 to 5709.75 of the Revised Code.

[70]

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

Related

State ex rel. Obetz v. Stinziano
2024 Ohio 5460 (Ohio Supreme Court, 2024)
Obetz v. McClain (Slip Opinion)
2021 Ohio 1706 (Ohio Supreme Court, 2021)
Fairfield Twp. Bd. of Trustees v. Testa (Slip Opinion)
2018 Ohio 2381 (Ohio Supreme Court, 2018)
Chu Bros. Tulsa Partnership, P.L.L. v. Sherwin-Williams Co.
931 N.E.2d 1116 (Ohio Court of Appeals, 2010)
Fults v. City of Coralville
666 N.W.2d 548 (Supreme Court of Iowa, 2003)
Princeton City School Dist. Bd. of Edn. v. Zaino
2002 Ohio 65 (Ohio Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
760 N.E.2d 375, 94 Ohio St. 3d 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/princeton-city-school-district-board-of-education-v-zaino-ohio-2002.