Strongsville Board of Education v. Cuyahoga County Board of Revision

112 Ohio St. 3d 309
CourtOhio Supreme Court
DecidedJanuary 17, 2007
DocketNo. 2005-1638
StatusPublished
Cited by43 cases

This text of 112 Ohio St. 3d 309 (Strongsville Board of Education v. Cuyahoga County Board of Revision) 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
Strongsville Board of Education v. Cuyahoga County Board of Revision, 112 Ohio St. 3d 309 (Ohio 2007).

Opinion

Lanzinger, J.

{¶ 1} The issue before us is whether the Board of Tax Appeals (“BTA”) erred in relying upon appraisal evidence instead of the recent sale price to determine [310]*310property value for tax purposes. Because its decision was not unreasonable or unlawful, we affirm the BTA’s decision.

{¶ 2} This appeal as of right concerns the valuation of real property located at 17800 Royalton Road in Strongsville. The property, consisting of 21.4783 acres of land and a three-story office building built and occupied by the Ceres Group, Inc. (“Ceres”), contains a total of 121,770 square feet. The tax years at issue are 2000 and 2001.

{¶ 3} Ceres sold the property in a sale-leaseback transaction to Royalton Investors, L.L.C., and Big T Investments, L.L.C. (collectively, “Royalton”), for $16 million on August 3, 2001. As part of the sale-leaseback transaction, Ceres signed a 15-year triple net lease 1 with the buyers. The lease agreement permits Ceres to extend the lease term for four additional five-year periods but does not contain any provision permitting Ceres to buy back the property at the end of the lease.

{¶ 4} Michael Cavataio, a director of Ceres, testified before the BTA concerning the circumstances of the property transaction. A balloon payment was due on Ceres’s original mortgage for the construction of the building at the time of the sale-leaseback, and Ceres was looking to raise additional capital. Cavataio stated that Ceres solicited offers, received four or five proposals, and decided to go with Royalton, which had offered the “best amount of money.” A $20 million offer was rejected because it required Ceres to take back a note on the property, and the deal could not be put together quickly enough.

{¶ 5} Ceres signed a long-term lease for the property at the time of the $16 million sale to Royalton. Cavataio testified that the sale would not have been completed if a lease had not been executed concurrently. No rental amount was set when the property was offered for sale; it was to be adjusted to the sale price. For accounting purposes, the lease was treated as an operating lease, and Ceres recognized a gain on the sale.

{¶ 6} In 2001, the city of Strongsville and the Strongsville Board of Education (individually and collectively, “Strongsville”) filed a complaint against the valuation of real property with the Cuyahoga County Board of Revision (“BOR”) for tax year 2000. In the complaint, Strongsville alleged that the property had a true value of $9,512,000, compared to the auditor’s valuation of $8,326,400. Title to the property was transferred to Royalton on August 3, 2001. As a result of the sale, Strongsville later sought to amend its complaint before the BOR to increase the value to $16 million.

[311]*311{¶ 7} Strongsville filed another complaint over valuation of the real property in 2002 against the new owners, alleging that on the basis of the August 3, 2001 sale, the property should be valued at $16 million, rather than the $8,326,400 set by the auditor.

{¶ 8} The BOR held a hearing and, on the basis of the evidence presented, determined the value of the property to be $9.5 million for both tax years 2000 and 2001.

{¶ 9} Strongsville appealed the decisions of the BOR to the BTA, where they were combined for hearing. To support its claim of value, Strongsville presented the testimony of Julian Vanni, who had appraised the fee simple interest in the property at $16 million as of January 1, 2000, and January 1, 2001.

{¶ 10} The property owners presented the appraisal of Paul Van Curen, who had valued the property at $9.5 million for tax year 2000 and $9.3 million for tax year 2001. The BTA found that based upon a preponderance of the evidence, the most reliable indicator of value was Van Curen’s appraisal.

{¶ 11} Strongsville has appealed the BTA’s decision to this court as a matter of right.

{¶ 12} When a piece of property has been sold in a recent arm’s-length transaction, the sale price of that property shall be considered the true value for taxation purposes. Berea City School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 106 Ohio St.3d 269, 2005-Ohio-4979, 834 N.E.2d 782, at ¶ 13. For the sale price to be considered the true value of the property, the sale must have been conducted at arm’s length. Id. at ¶ 15. If no arm’s-length sale occurred, the price does not necessarily represent the property’s true value, and reliance on appraisal evidence for valuation is appropriate.

{¶ 13} An arm’s-length transaction possesses three primary characteristics. “[I]t 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 (1989), 47 Ohio St.3d 23, 25, 546 N.E.2d 932. The absence of even a single one of these factors is sufficient to demonstrate that a transaction was not conducted at arm’s length. See Kroger Co. v. Hamilton Cty. Bd. of Revision (1993), 67 Ohio St.3d 145, 147, 616 N.E.2d 877 (finding lack of arm’s-length transaction based on the absence of a sale on the open market).

{¶ 14} Although resolution of the question of an arm’s-length sale is an essential first step in the Berea analysis, because the BTA’s decision was rendered before Berea, the BTA failed to specifically address the issue. Nevertheless, the findings that were made by the BTA in essence answer that important question. The BTA, however, engaged in the analysis envisioned by our decision in Berea. Although not phrased in the terms of that decision, the [312]*312BTA essentially found that the recent sale did not possess the characteristics required of an arm’s-length transaction.

{¶ 15} The BTA specifically determined that the sale-leaseback transaction was marked by the presence of duress. This finding is sufficiently supported by the evidence presented to the BTA. “In reviewing decisions of the BTA, ‘this court has repeatedly stated that it is not a trier of fact de novo, but that it is confined to its statutorily delineated duties (R.C. 5717.04) of determining whether the board’s decision is “reasonable and lawful.” ’ ” Bethesda Healthcare, Inc. v. Wilkins, 101 Ohio St.3d 420, 2004-Ohio-1749, 806 N.E.2d 142, ¶ 18, quoting Episcopal Parish of Christ Church, Glendale v. Kinney (1979), 58 Ohio St.2d 199, 201, 12 O.O.3d 197, 389 N.E.2d 847; accord First Baptist Church of Milford v. Wilkins, 110 Ohio St.3d 496, 2006-Ohio-4966, 854 N.E.2d 494, ¶ 9; Soin v. Greene Cty. Bd. of Revision, 110 Ohio St.3d 408, 2006-Ohio-4708, 853 N.E.2d 1165, ¶ 13. In discharging its function as factfinder, “[t]he [BTA] is vested with wide discretion in determining the weight to be given to evidence and the credibility of witnesses which come before the board,” Cardinal Fed. S. & L. Assn. v. Cuyahoga Cty. Bd. of Revision (1975), 44 Ohio St.2d 13, 73 O.O.2d 83, 336 N.E.2d 433

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Bluebook (online)
112 Ohio St. 3d 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strongsville-board-of-education-v-cuyahoga-county-board-of-revision-ohio-2007.