GATES MILLS CLUB DEV. CO. v. CUYAHOGA CTY. BD. OF REVISION

No. 91-1257.

64 Ohio St.3d 198 (1992)

GATES MILLS CLUB DEVELOPMENT COMPANY, APPELLEE, v. CUYAHOGA COUNTY BOARD OF REVISION ET AL.; MAYFIELD HEIGHTS BOARD OF EDUCATION, APPELLANT.

Supreme Court of Ohio.

Decided July 22, 1992.


Attorney(s) appearing for the Case

Fred Siegel Co., L.P.A., Fred Siegel, Karen Bauernschmidt and Todd W. Sleggs, for appellee.

Kelley, McCann & Livingstone, Fred J. Livingstone, Mark J. Valponi and Robert A. Brindza, for appellant.


Per Curiam.

The decision of the BTA was neither unreasonable nor unlawful and it is affirmed.

Mayfield claims that the BTA abused its discretion in not waiving the administrative rule permitting voluntary dismissals and that the rule cannot be applied without regard to the underlying circumstances relative to material misrepresentation. Mayfield argues that in these circumstances fundamental fairness requires the BTA to make a de novo valuation...

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