McLeland v. Donofrio, Unpublished Decision (3-30-2005)

DECISION AND JOURNAL ENTRY

{¶ 1} Appellants, Joseph and Rita McLeland, appeal from the judgment of the Summit Count Court of Common Pleas dismissing their complaint for failure to state a claim under Civ.R. 12(B)(6). We affirm.

{¶ 2} Appellants brought suit in the Summit County Court of Common Pleas for declaratory judgment, permanent injunction, and recovery of illegally collected real estate taxes. Appellants relied upon DeRolph v.State (1997), 78 Ohio St.3d 193 for the proposition that the real estate taxes that they were paying above 10 mills1 were illegally collected and that the…