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Simic v. Cuyahoga County Board of Revision

Court of Appeals of Ohio, Eighth District

July 11, 2013

MICHAEL SIMIC PLAINTIFF-APPELLANT
v.
CUYAHOGA COUNTY BOARD OF REVISION DEFENDANT-APPELLEE

Administrative Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-785232

FOR APPELLANT Michael Simic, Pro se.

ATTORNEYS FOR APPELLEES For Cuyahoga County Board of Revision Timothy J. McGinty Cuyahoga County Prosecutor, Saundra J. Curtis-Patrick Assistant County Prosecutor The Justice Center.

For Cleveland Metropolitan School District Board of Education Jennifer A. Antoon Robert A. Brindza Susanne M. DeGennaro Daniel M. Mclntyre David A. Rose David H. Seed Brindza, Mclntyre & Seed L.L.P.

BEFORE: Jones, J., Boyle, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, SR., J.

{¶1} Plaintiff-appellant, Michael Simic, appeals pro se from the trial court's October 12, 2012 judgment granting the motion to dismiss of defendant-appellee, the Cuyahoga County Board of Revision. We affirm.

I. Procedural History

{¶2} In March 2011, Simic filed a complaint with the board of revision regarding the 2010 tax year valuation for property he owned on Denison Avenue in Cleveland. Simic alleged that the county's $83, 500 valuation of the property was too high and sought a reduction.

{¶3} In May 2011, the Cleveland Metropolitan School District Board of Education ("CMSD") filed a "counter-complaint, " in which it sought to have the county's original valuation stand. In May 2012, a hearing was held before a hearing officer for the board of revision; Simic and counsel for the CMSD were present. After the hearing, the board of revision issued its decision, in which it decreased the value of the property from $83, 500 to $70, 000.

{¶4} In June 2012, Simic filed an appeal in the common pleas court under R.C. 5717.05. The sole named appellee was the board of revision. Simic filed a "brief in support of appeal" in July 2012.

{¶5} In September 2012, the board of revision filed a motion to dismiss for lack of jurisdiction. In its motion, the board contended that, under R.C. 5717.05 and Ohio Supreme Court case law, Simic's failure to name the Cuyahoga County Fiscal Officer (successor to the Cuyahoga County Auditor) and the CMSD as appellees was a jurisdictional defect requiring dismissal.

{¶6} In October 2012, Simic opposed the motion and also filed another "brief in support of appeal, " on the cover page of which he listed the county fiscal officer and the CMSD as appellees.

{ΒΆ 7} The trial court granted the board of revision's motion to dismiss because Simic "failed to name the county fiscal officer as ...


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