Columbus City Schools Board of Education v. Franklin County Board of Revision

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At issue in this appeal from a decision of the Board of Tax Appeals (BTA) was how best to determine the true value of a low income housing property that is both rent restricted and rent subsidized.Appellant, the property owner in this case, argued that rents as derived from rent-restricted comparable should be used in determining the true value of such a property but that the property’s rent subsidies should be excluded from consideration. The board of education, however, argued that the property’s actual rents, which include tenant-paid rent and rent subsidies, should be used. The Supreme Court vacated the BTA’s decision, holding that the BTA failed to weigh and analyze a potentially material piece of evidence presented by Appellant, and given the BTA’s failure to discharge its duty as the finder of fact, the case must be remanded with instruction that the BTA “explicitly account” for the evidence at issue, along with other evidence. View "Columbus City Schools Board of Education v. Franklin County Board of Revision" on Justia Law