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MUIRFIELD ASSN., INC. v. FRANKLIN CTY. BD. OF REVISION

No. 94-733.

73 Ohio St.3d 710 (1995)

MUIRFIELD ASSOCIATION, INC., APPELLEE, v. FRANKLIN COUNTY BOARD OF REVISION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 13, 1995.

Attorney(s) appearing for the Case

F. David Resch, for appellee.

Michael Miller, Franklin County Prosecuting Attorney, and James R. Gorry, Jr., Assistant Prosecuting Attorney, for appellants Franklin County Board of Revision and Franklin County Auditor.

Teaford, Rich, Coffman & Wheeler and Jeffrey A. Rich, for appellant Board of Education of the city of Dublin School District.

Per Curiam.

In Alliance Towers, we had before us properties encumbered with restrictive contracts with the government. Under these contracts, the property owner received above market rent to subsidize the operation of the property. After reviewing tax and eminent domain cases, we concluded that voluntary encumbrances, such as leasehold interests, deed restrictions, and restrictive contracts with the government, which the owner had granted, should not...

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