Legal Opinion

Breeze, Inc. v. Testa (Slip Opinion)

Ohio Supreme Court

Decided September 26, 2017No. 2015-0341PublishedCited by 2 opinions

1Opinion of the CourtDeWine, J.

*356 {¶ 1} This is an appeal from a decision of the Board of Tax Appeals that denied a tax exemption for real property leased to a community school. Relevant to this appeal are the public-schoolhouse exemption found in former R.C. 5709.07(A)(1), 2005 Am.Sub.H.B. No. 66, 151 Ohio Laws, Part II, 2868, and Part III, 4397, and the charitable-or-public-use exemption in R.C. 5709.12. Under both statutes, no exemption is available if the property is leased with a "view to profit." Former R.C. 5709.07(A)(1) ; R.C. 5709.121(A)(2) (defining the scope of R.C. 5709.12 ). The Board of Tax Appeals *1205 ("BTA")…

Also in this document: Dissent; Concurrence.

2Cases cited2 opinions

  1. Anderson/Maltbie Partnership v. LevinOhio Supreme Court · 2010
  2. 250 Shoup Mill, L.L.C. v. Testa (Slip Opinion)Ohio Supreme Court · 2016

3Cited by2 opinions

  1. 2350 Morse, L.L.C. v. Testa (Slip Opinion)Ohio Supreme Court · 2017
  2. Barno v. Dir., Dept. of Job & Family Servs.Ohio Court of Appeals · 2018

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