TOWER CITY PROPERTIES v. CUYAHOGA CTY. BD. OF REVISION

No. 88-1499.

49 Ohio St. 3d 67 (1990)

TOWER CITY PROPERTIES ET AL.; MUTUAL HOLDING COMPANY, APPELLANT, v. CUYAHOGA COUNTY BOARD OF REVISION ET AL.; CLEVELAND BOARD OF EDUCATION, APPELLEE.

Supreme Court of Ohio.

Decided February 21, 1990.


Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue and John C. Duffy, Jr., for appellant.

Armstrong, Gordon, Mitchell & Damiani, Timothy J. Armstrong and Deborah J. Papushak, for appellee.


Per Curiam.

Appellant challenges the court of appeals' determination that Civ. R. 41(A)(1)(a), pursuant to which the appellant dismissed its common pleas court proceedings, does not apply to appeals under R.C. 5717.05. Appellant urges, rather, that it should be able to dismiss its appeals to common pleas court unilaterally. We agree with the court of appeals and affirm its judgment.

R.C. 5717.05, for the tax years at issue, provided:

"As an...

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