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OLMSTED FALLS BD. OF EDN. v. TRACY

No. 95-2453.

77 Ohio St.3d 393 (1997)

OLMSTED FALLS BOARD OF EDUCATION, APPELLANT, v. TRACY, TAX COMMR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 5, 1997.

Attorney(s) appearing for the Case

Kolick & Kondzer, Thomas A. Kondzer and John P. Desimone, for appellant.

Betty D. Montgomery, Attorney General, and Janyce C. Katz, Assistant Attorney General, for appellee Roger W. Tracy, Tax Commissioner of Ohio.

Kelley, McCann & Livingstone, Robert A. Brindza and Carl A. Murway, for appellee Donauschwaben's German American Cultural Center, Inc.

Per Curiam.

We reverse the BTA's ultimate factual conclusion that Donauschwaben is a charitable institution. SFZ Transp., Inc. v. Limbach (1993), 66 Ohio St.3d 602, 604-605, 613 N.E.2d 1037, 1039-1040. We hold, instead, that Donauschwaben is not a charitable institution. It is, as the BOE argues, a fraternal, social organization. Furthermore, we hold that Donauschwaben does not use this property exclusively...

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