Legal Opinion · Dissent

Grace Cathedral, Inc. v. Testa

Ohio Supreme Court

Decided June 2, 2015No. 2014-0373Published

1DissentO’Connor, C.J.

{¶ 33} When reviewing a decision from the Board of Tax Appeals, we must defer to the factual findings of the BTA, strictly construe exemptions from real property taxation, maintain the burden on the taxpayer to establish a clear right to the exemption, and construe the language of any given statute in conformity with controlling precedent. The majority has failed to meet any of these basic obligations in reaching its conclusion that the dormitory building owned by Grace Cathedral, Inc., qualifies for a tax exemption.

{¶ 34} The dormitory at issue in this case is essentially a free hotel. It…

2Cases cited12 opinions

  1. Hawthorn Mellody, Inc. v. LindleyOhio Supreme Court · 1981
  2. Ares, Inc. v. LimbachOhio Supreme Court · 1990
  3. Anderson/Maltbie Partnership v. LevinOhio Supreme Court · 2010
  4. HealthSouth Corp. v. LevinOhio Supreme Court · 2009
  5. Church of God in Northern Ohio, Inc. v. LevinOhio Supreme Court · 2009

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API