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LENART v. LINDLEY

Nos. 79-291, 79-292 and 79-295.

61 Ohio St. 2d 110 (1980)

LENART, APPELLEE, v. LINDLEY, TAX COMMR., APPELLANT. CASERTA, APPELLEE, v. LINDLEY, TAX COMMR., APPELLANT. TIDRICK, APPELLEE, v. LINDLEY, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided January 30, 1980.

Attorney(s) appearing for the Case

Messrs. Coyner & McSwain and Mr. William T. McSwain, for appellees Lenart and Caserta.

Messrs. Alexander, Ebinger, Holschuh, Fisher & McAlister and Mr. J. Stephen Van Heyde for appellee Tidrick.

Mr. William J. Brown, attorney general, and Mr. John C. Duffy, Jr., for appellant.

I.

Per Curiam.

In cases Nos. 79-291 and 79-292, appellant challenges the jurisdiction of the BTA to absolve Lenart and Caserta from liability. Appellant argues that the decision of the BTA is grounded solely upon an alleged error of the Tax Commissioner which appellees did not specifically raise in their notices of appeal. Therefore, appellant contends, the BTA exceeded its statutory authority under R. C. 5717.02. Lenart and Caserta argue that a notice...

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