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FUNTIME, INC. v. WILKINS

No. 2003-0622.

105 Ohio St.3d 74 (2004)

2004-Ohio-6890

FUNTIME, INC., APPELLANT, v. WILKINS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Buckingham, Doolittle & Burroughs, L.L.P., Steven A. Dimengo, and David W. Hilkert, for appellant.

Jim Petro, Attorney General of Ohio, and Richard C. Farrin, Assistant Attorney General, for appellee.

FRANCIS E. SWEENEY, SR., J.

{¶ 1} This case concerns whether certain property owned by Funtime, Inc. should be classified as real or personal property. For the reasons set forth below, we find that the property should be classified as personal property.

{¶ 2} During the 1995-1997 audit period, appellant, Funtime, Inc. ("Funtime"), owned and operated what was then called Geauga Lake Amusement Park. This appeal involves three...

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