Skiles v. Hamilton Cty. Auditor

2025 Ohio 2015
Ohio Court of Appeals·Decided June 6, 2025·No. C-240254·Published

Opinion

IN THE COURT OF APPEALS

FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

SCOTT A. SKILES, : APPEAL NO. C-240254 TRIAL NO. A-2302883

and :

SAMANTHA A. SKILES :

JUDGMENT ENTRY

Plaintiffs-Appellants, :

vs. :

HAMILTON COUNTY, OHIO, : AUDITOR,

and :

HAMILTON COUNTY, OHIO, BOARD : OF REVISION,

Defendants-Appellees. :

This cause was heard upon the appeal, the record, the briefs, and arguments.

The judgment of the trial court is affirmed for the reasons set forth in the Opinion filed this date.

Further, the court holds that there were reasonable grounds for this appeal, allows no penalty, and orders that costs are taxed under App.R. 24.

The court further orders that 1) a copy of this Judgment with a copy of the Opinion attached constitutes the mandate, and 2) the mandate be sent to the trial court for execution under App.R. 27.

To the clerk: Enter upon the journal of the court on 6/6/2025 per order of the court.

By:_______________________ Administrative Judge

IN THE COURT OF APPEALS

FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

SCOTT A. SKILES, : APPEAL NO. C-240254 TRIAL NO. A-2302883

and :

SAMANTHA A. SKILES :

OPINION

Plaintiffs-Appellants, :

vs. :

HAMILTON COUNTY, OHIO, : AUDITOR,

and :

HAMILTON COUNTY, OHIO, BOARD : OF REVISION,

Defendants-Appellees. :

Civil Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed Date of Judgment Entry on Appeal: June 6, 2025

Scott A. Skiles, pro se, Scott A. Skiles, for Plaintiff-Appellant Samantha Skiles,

Connie M. Pillich, Hamilton County Prosecuting Attorney, and Eric A. Munas, Assistant Prosecuting Attorney, for Defendants-Appellees.

ZAYAS, Judge.

{¶1} This appeal arises from an appeal of a decision of the board of revision (“the board”) to the court of common pleas under R.C. 5717.05. The appellants, Scott and Samantha Skiles (“the Skileses”), filed a complaint with the board to reduce the value of their residence for the 2022 tax year. After a hearing on the matter, the board issued a decision finding no change in value was warranted. The Skileses appealed the decision to the court of common pleas and the court of common pleas affirmed the board’s decision. The Skileses now appeal the trial court’s decision, asserting that the trial court failed to make the requisite findings to affirm the board’s decision. For the following reasons, we affirm the judgment of the trial court.

I. Proceedings Before the Board of Revision

{¶2} On March 31, 2023, the Skileses filed a “Complaint Against the Valuation of Property” for the 2022 tax year, pertaining to their primary residence located in Loveland, Ohio. The complaint reflected that the current value of the residence was set at $535,000, which was the sale price of the property on January 13, 2022. The Skileses requested that the value be instead set at $440,000. Thus, the Skileses were requesting a decrease in the value of $95,000. Included with the complaint was a letter from the Skileses and several supporting documents, including the contract to purchase, the general warranty deed, the auditor’s 2022 notice of value change, an appraisal report, several repair invoices, and the residential property disclosure form.

{¶3} In the letter, the Skileses explained that two presale inspections were performed and that the “results of those inspections, coupled with the representations made by the seller, for example, on the seller’s property disclosure form, led [them] to believe that the Property was generally ‘move-in ready.’” However, the Skileses

explained that, since taking possession of the property, they spent “more than $60,000 to repair latent material defects in the Property” including (1) a defective egress window that allowed storm water to enter the basement living space, (2) a defective sewer drain hidden beneath new carpet that allowed raw sewage to enter the basement living space, (3) undisclosed foundation cracks that allowed water to enter the basement living space, (4) undisclosed foundation cracks that allowed water to enter the crawl space, and (5) a defective master shower that leaked through the subfloor and into the crawl space. Further, they claimed that additional repairs, including refinishing the basement, were needed to “return the Property to its advertised condition.”

{¶4} The included appraisal report (“the Skileses’ appraisal report”) claimed the “as is” value of the property as of January 1, 2022, was $440,000. The report states, “The subject property has several recent arms [sic] length transfers. The subject property apparently had hidden defects which will have a negative affect [sic] on both the market value and marketability of the subject property.” The report does not specifically assign any negative value based on the hidden defects. The report does include a comment that the property is in “need of repairs” and lists a “cost to cure” of $75,000. However, the report appears to be a standard market-value appraisal based on comparable sales (sales comparison approach) in the area, conducted retrospectively, with certain adjustments made based on condition.

{¶5} On March 3, 2023, the Hamilton County Auditor’s Real Estate Department issued a report completed by a certified appraiser (“the auditor’s appraiser”), in which the auditor’s appraiser asserted an opinion that, based on review of the complaint and the supporting documentation, the Skileses’ complaint was “not justified.” Therefore, the appraiser recommended that the Skileses appear for a

hearing before the board.

{¶6} The auditor’s appraiser’s opinion appeared to be based on two conclusions. First, the appraiser claimed that it was unknown what the Skileses knew or should have known about the property’s condition when they purchased the property since the Skileses did not provide the presale-inspection reports they mentioned. Second, the appraiser took issue with the Skileses’ appraisal report, stating, After reading the [Skileses’ appraisal] report, there are issues that cause the value conclusion to be very questionable. These issues included: not using the best comp available, the subject; not making reasonable adjustments to reflect the subject’s recent $250,000 renovation, including making a negative condition adjustment to comp 3 (stating comp #3 is in superior condition) when MLS comments state this property “needs TLC, As Is”; and giving greatest weight in the reconciliation of value to a sale that is not even in the same county as the subject.

{¶7} The auditor’s appraisal report included MLS data, which showed the previous listings for the subject property and the listings for the comparable sales used in the Skileses’ appraisal report. The most recent listing for the subject property indicated “over 250K in renovations!” On the other hand, the listing for comparable 3 stated, “Need TLC/As-is.”

{¶8} On May 22, 2023, the board issued notice to the Skileses to appear before the board for a hearing on May 25, 2023.

{¶9} That same day, the Skileses submitted a new letter to the board, in which they responded to assertions in the auditor’s appraisal report. The Skileses’ letter

explained, relying on the presale-inspection reports and presale-repair agreements, why they had no knowledge of the defects. This was in response to the comment in the auditor’s appraisal report that it was unknown what they knew or should have known about the condition at the time of purchase. The letter also explained why their own appraisal report was reliable evidence of the property’s value. The letter included several supporting documents including the seller’s inspection report, the buyer’s inspection report, a sewer inspection report, a defect notice, and comments from the seller regarding the requested presale repairs.

{¶10} Further, at the start of the hearing before the board, the Skileses submitted an additional “repair proposal” in the amount of $25,284.54, which was purportedly an estimate to refinish the basement.

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Skiles v. Hamilton Cty. Auditor, 2025 Ohio 2015 (Ohio Ct. App. 2025).

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