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BRUCE A.VANCE
v,
77 S. High Street
Suite 30
Columbus, 0hio 43215
CASE NO.
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7.A15CV0363
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JUDGE
CTASS
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And
ACTION COMPLAINT
[Civ.R.23; Ohio Const. Art. II, Sec. 36;
0.R.C.5713.30 et seq; Ohio Admin. Code
57 03-25 -33.; Compensatory Damages,
Declaratory And Injunctive Relief)
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TAXATION
OHrO
30 E.Broad Street
22ND Floor
Columbus, OH 432L5
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Defendants
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INTRODUCTORY STATEMENT
owners, hay, fruit, vegetable, egg, poultry, fish, livestock and timber producers, to
recover more than one billion dollars of property taxes illegally collected from them
by Defendants' failure to calculate Current Agricultural Use Valuation ("CAUV")
taxes in accordance with the Ohio CAUV law. Commencing in 2005 and increasingly
during the Kasich Administration, CAUV taxes have doubled, tripled and
quadrupled, threatening the future of agriculture, 0hio largest industry.
2)
The Ohio Constitution provides that all lands throughout the State shall
be valued for
197 4,
property tax purposes at "true value" aka market value. But, since
3) Following
Legislature enacted the laws creating the system of Current Agricultural Use
Valuation ["CAUV") which has made agriculture Ohio's largest and most important
industry.
4)
Simply put, it is the public policy of Ohio, as well as the law, that
agricultural lands may only be valued based on their value fo.r agriculture use, not
for high rise apartments, shopping malls, office parks, golf courses, residential
developments, and the like.
5)
the critical task of conducting an annual investigation into the productivity of the
many types of agriculture in Ohio, and the calculation of the value of Ohio real
6l
For many years, at least as far back as 2005, the ODT has failed and
refused to follow the Legislative and Regulatory mandates prescribing how CAUV
values are to be calculated, As a result, hundreds of thousands of owners of CAUV
lands have overpaid property taxes And, in recent years, taxes on CAUV lands have
doubled and even tripled, threatening the viability of agriculture, 0hio's largest
all owners of land in the State of Ohio, who, during any period of
M)
7)
a set of laws,
which do not apply to any other property in the State. Agricultural lands are those
lands:
B)
9)
Annually, the ODT calculates CAUV land values, and then distributes
10)
An owner of CAUV land must file an annual application with the local
County Auditor to be included in the CAUV program. o.R.C. 571,3.37. The Auditor
must then view the property to see if it is still in CAUV use, and if so, must apply the
annual CAUV Land Tables supplied by the ODT:
l Also included in the definition are adjacent lands devoted to various methods of
bioenergy production; all owners of CAUV land under O.R.C. Section 5713.30 are
included in the proposed class.
11)
property taxes:
"(B) The auditor shall assess all the real estate situated in the county at its
taxable value in accordance with sections 57L3.03,5773.37, and 5715.01
of the Revised Code andwith the rules and methods applicable to the
auditor's county adopted, prescribed, and promulgated by the tax
commissioner"
O.R.C. Section
5713.01[B).
tZ)
13)
view to falsely
inflating CAUV Iand values, thus illegally increasing property tax collections
by
billions of dollars.
L4)
which they can dispute the CAUV value formulated by the ODT. Unlike
the usual
and ordinary Board of Revision disputes, over "fair market value,,,
or perhaps a
100,000 CAIIV appeals every six months, when property tax bills are
distributed.
Plaintiffs and hundreds of other farmers have spent months and years
of efforts to
remedy and stop the illegal overtaxation described here, all in vain.
In Ashtabula
County, aftet'over 700 farmers gathered to protest the hike in CAUV
taxes, a CAUV
Task Force was created. The Task Force joined forces across the
State with like
minded grorrps, and lobbied ODT, the Governor, the ohio Farm Bureau,
held
meetings, made calls, wrote letters (even to the GovernorJ, and attended meetings
15)
The State of Ohio directly benefits from illegally fixing higher property
taxes in the rural and semi-rural areas of Ohio where CAUV lands are located. 2 The
more money rural and semi-rural counties, cities, villages, townships, park
districts, school districts, etc., obtain as a result of the increasing land values in the
CAUV tables promulgated by the ODT, the less money the State of Ohio needs to
major urban districts, and almost none for rural districts. Rural pupils receive
17 .4o/o
16)
the ODT must comply with each year in order to properly calculate CAUV land
values. Section 5703-25-33 was last revised in 2003. This action seeks
compensation for the illegal collection of higher property taxes caused by ODT's
17)
For example, cuyahoga county only has about lr7 cAUv parcels, but wood
County, with the best soil in the state, has over 9642 CATJV parcels.
2
PROPERTYVALUE/ACRE
18)
corn per acre, sells it for $4.50 per bushel, and has $3.15 per bushel in costs. Net
Income is $201.75 per acre, rounded to $202. $202 will be the numerator in the
equation. With a capitalization rate of
60/o,
60/o,
or 0.06.
$202 income divided by 0.06 = $3,366.00. This calculation produces a per acre
value of $3,366.00.
19J
Z0)
60/o
to
5o/o
overinflated or artificially high Net Income figures will increase property taxes.
21)
taxes
22)
increase in the capitalization Rate, the per acre value drops from $3,366 to
capitalization Rate will drop the per acre value even further, to $z,szl
($202/0.08). Using a 1,Oo/o Capitalization Rate, the rate mandated in Texas, yields
per acre price of $2,020.00, 40% lower than with a 60/o rate.
23)
violating Ohio law for years, with the net effect that CAUV landowners have
overpaid property taxes by billions of dollars. The 0DT's own publications state that
the average CAUV tax collections from Tax Year 2005 to Tax Year 2013 have
increas ed 37 4o/o,
from
1,8
7,459,9
S0
/year to $6,803,97
6,SZO f y
ear.
24)
A. All Income
25)
"cropping and land use patterns." To determine net income, and capitalization
rates, it has only used cropping patterns from corn, soybeans and wheat, and none
of the many other agricultural products or land uses: not pasture, hay,livestock
10
timber, etc. Corn and soybeans rose dramatically in many years between 2004 to
20L2, then dropp ed 40o/o. Soybeans also rose, then dropped. But fertilizer, fuel and
other expenses also increased. CAUV collections for Z0I4-20!7 are staged to
increase significantly over 2013.
26)
farming corn, beans and wheat. All other means and methods of agricultural
production, all other "land uses" are ignored in violation of the IAUV law and
regulations.
57
"(B) The use of the income approach to develop annual "Current Agricultural
Use Value of Land Table Or Tables" that are accurate, reliable and practical
requires that careful attention be given to the many principles and
techniques involved. It is essgntial that th.e typical or potential net income be
basq4 on the land capability under normal pr typical management practices,
yields, cropping or land use patterns,-prices, costs and conditions in the area.
(emphasis added)
28)
As detailed above, and below, ODT has violated this mandate by, inter
annual CAUV Land Tables that are accurate, reliable and practical
practices.
1.1
typical management
29)
than corn, beans and wheat, by assuming the productivity of all land is to be
assessed as
it compares to land with the very best soil, devoted to growing corn,
soybeans and wheat. Livestock, pasture land and timberland are but a few of the
many very important, but overlooked, "local conditions" and "land use patterns."
Hay has been excluded since 20L0.
B. Illegal Taxation of Land
30)
In fact, all Ohio CAUV land is divided into B "land capability classes,"
four of which are only considered suitable for pasture or woodlands; and NOT for
crops:
class IV very severe hazards, needs very careful handling and management.
VIII Not suited for cultivation, pasture or forests. Wildlife and recreation is the
best use.
**c*****
t2
"A higher percentage of row crops will be grown on the better soils with land
capability class ratings such as I or IL Land in land capability class V through VIII
shall be considered as devoted entirely to either pasture or woodland."
31)
The oDT does not attempt to calculate the net income, costs, or
capitalization rate of the four Land Capability Classes which are not suitable to grow
crops. This language from (K)t4) and [5) of 5705-25-33 demonstrates that the net
return per acre from crop production on Land Capability Classes V, VI, VII and VIII,
which are by definition unsuitable fof crop produclion, should be zero, and the taxes
zerol
"The typical land capability class is estimated for each soil management group
based on information from the soil conservation service and the cropping pattern
assigned from paragraph (G) of this rule. This multiplied by the net return per acre
gives the contribution from the crop to the rotation acre."
(5) The total of the net return from each crop in the rotation is the total net
return to be capitalized into land value."
32)
33)
has been ignored by ODT in favor of a highly complicated 3,500+ soil class system,
not authorized in Section 5703-25-33. The refusal to use "land capability classes" as
required arguably means that every formulation of crop income since the
abandonment of the B Land Capability Classes has been illegat.
C.
13
(fertilizer, insurance, fuel, etc), ODT uses a7 year period and tosses out the high and
low numbers. This improper methodology completely ignored the massive spikes in
production cost inputs in 2012 and 2013.ODT also uses this 7 year method when
determining bank interest rates as part of its capitalization rate calculations.
35)
ODT also does not use a 5 year moving average for crop yields. They
36)
"other factors" that obviously are required, including land clearing, tiling and
drainage costs necessary to convert land from timber production to croplands.
D. ODT'S Failure to Properly Investigate Crop Net Income
37)
"(H) Crop prices: Five year moving weighted average crop prices for the
major field crops are to be calculated by totaling the productiort and value of
each crop, as reported by the statistical reporting service or other reliable
source, for the five years preceding the year in which the table is issued and
calculating the average price per unit after consideration of price differentials in
various parts of the state." (emphasis addedJ
38)
ru
management costs:
39)
yearly determination of an
world management costs causes net income, and thus property taxes, to increase.
40)
Since 2009,ODT has also taken Risk out of the CAUV calculation,
without authority, thereby grossly reducing the Capitalization Rate they use. Risk up
to 5.5% was formerly recognized by 0DT. Omitting Risk increased CAUV taxes by
millions, if not billions of dollars. The Risk of agricultural operations is calculated by
objective, actuarial standards for farm insurance. That actual risk would add as
much as lLo/o to the Capitalization Rate, and lower CAUV taxes by billions of dollars.
By contrast, the State of Ohio recognizes a risk rate in the oil and gas industry; the
Oil and Gas industry embeddedaL3o/o "Risk" factor in their formula per 5713.051
(A)(17).
E.
41)
is taxed at the value that land would have as cropland, minus the cost of clearing
(cutting down, removing and stumping out trees to convert the land to cropland).
Since the mid-1970's, the ODT has only allowed $500 per acre clearing costs. A
15
42)
ODT',s
43)
for woodland
The ODT',s failure to increase the land clearing credit
,.D)InformationSHALLbeobtainedfromsuchagenci-.:1'Co'operative
State University; Ohio
Extension Service, cott"g. of Agriculture, The ohio
Resources
Agricultural Research And Development centerj-National
National Agricultural
conservation Services, U.S.D.A.; Forest Service, u.s'D'A' ;
Ohio; Department 0f
Of
Statistical Service, U.S.D.A.; Department Of Agriculture
reliable sources'"
Natural Resources Of Ohio, Federal Land Bank and other
44)
L6
45)
woodland/timberland owners, the ODT has caused the illegal collection of tens of
millions of dollars in property taxes.
46)
Within the CAUV laws, there is no provision for any minimum land
1,97
47)
land values between and amongst the B Land Capability Classes. The land value for a
Class
cropland has a CAUV value of $4,770 an acre fthe highest value for 2015), the Class
VIII pastureland would only have a value of $143.10 f acre, far below the $35O/acre
minimum set by ODT (and below the $230 minimum for woodlandJ. In fact, since
Class
or woodland, it has no agricultural value and cannot be taxed under the CAUV
system.
48)
Regardless of the express mandates of the CAUV law, which bases all
tax on agricultural lands on their agricultural productivity, the 0DT has arbitrarily
imposed minimums per acre for both croplands and woodlands. For woodlands, the
minimum value was raised from $50 in the 1970's, to $100 and now to $230. For
1.7
croplands, no matter how poor or unproductive, there was a $50 per acre minimum
49)
violates the law, and has caused the illegal overcollection of hundreds of millions of
50)
ODT
"accurate, reliable and practical" Capitalization Rate for agricultural use, and
thereby has caused the overpayment of billions of dollars in property taxes by CAUV
landowners. An annual investigation of the 5 year moving averages of four critical
factors is required. The determination begins with a mandated investigation of loans
taken out by CAUV landowners over a 5 year period:
51)
running average of
1B
52)
ODT also does not investigate "other sources," i.e, any lending source
other than Farm Credit Services ("FCS" fka the Federal Land Bank), e.g. small rural
banks, major lenders, private mortgages, credit unions, etc.
53)
Until the 2015 tax year, they simply used the standard 15 yr
FCS
mortgage for cropland, with a 600/o LTV. Because FCS is backed by the Federal
Government, non-FCS lenders are typically at higher rates. And FCS will charge a
commercial/investor rates.
54)
rate, and a shorter term of years, this component of the Capitalization Rate has
illegally been kept lower, causing the illegal overpayment of property taxes from
CAUV Iandowners.
55)
capitalization rates, the second factor ODT must investigate is the "required yield"
or "return on investors equity," i.e., the yield that a prudent and reasonable investor
would expect when investing in a farming operation, with all the risks of drought,
flooding, wind and hail damage, pest and predator damage, disease, crop price
56)
any market data, or any "accurate, reliable and practical" measure of investors'
79
just use the Prime Rate +2% published in the Wall Street |ournal.
57)
Prime +
2o/o
market pays investors in blue chip corporate bonds, or the market pays banks
lending money for home equity loans where the borrowers have high credit scores,
there is collateral (the roof over the borrower's head), Federal backing, and
insurance.
58)
farmland prices, without speculation [for housing developments, oil and gas drilling
rights, etc.):
59)
Every year they simply state: " A5o/o appreciation over a period of 5 years is added
20
to address the increase in farmland values due to the demand for additional land in
an increasingly efficient operation."
60)
ODT does not consult the USDA farm real estate index for Qhio in
6L)
Method, the ODT is to then add the average statewide average of all real property
taxes on all types of real property in the State:
(MXz) "To the capitalization rate adjusted for land only shall be added the
effective real property tax rate. This is to be determined by multiplying the five year
average state tax rate as shown in department of taxation records by thirty-five
per cent and expressed as a percentage. This rate shall be further reduced to reflect
the average effect of the reductions required by section 319.301 of the Revised Code.
The total of the two rates is the agricultural land capitalization rate. This
should represent the rate of return a prudent investor would expect on an
average or typical Ohio farm considering only agricultural factors. [emphasis
added)
62)
In direct violation of the law, the ODT only averages the state tax rate
for agricultural land. All the high property tax districts are excluded: large cities,
wealthy enclaves, upper class and middle class suburbs, etc. As a result, the tax rate
added to the capitalization rate for land, which becomes the final, critical number
the denominator- in the CAUV formula, is deliberately lower. Like 0DT's other
63J
Every small reduction in this final cap rate causes taxes to increase
dramatically, almost exponentially. Like 0DT's other violations of the CAUV tax laws,
21
this misconduct has caused CAUV taxpayers to overpay hundreds of millions if not
64)
'(M)(3) Since capitalization rates will vary with the land capability class
due to the difference of risk and operating costs market studies shall be
designed to determine such differential in rates.
(a) The per acre value of each soil category will be determined by dividing the
net return per acre by the appropriate rate. Values in classes I through IV shall be
the values for cropland. If land in these classes is used for other purposes such as
forestry or pasture the cost of converting from present use to crop use shall be
deducted. Values in classes V through VII shall be the value for pasture and
woodland." (emphasis added)
65J
The Ohio Legislature recognized that each Land Capability Class will
have a different capitalization rate, and ordered the ODT to conduct market studies
to determine the various rates, so that the CAUV value of each soil category [aka
Land Capability Class) can be determined by the "appropriate" capitalization rate for
that class. A Class I crop farm and a Class VII pasture operation, or timber lands, etc.
will have widely varying capitalization rates. The riskier the investment, the higher
the yield expected by an investor to make it worth the investment. Crop farms in
Class I
will have
capitalization rates for all Land Capability Classes. As a result, owners of lands in
Land Capability Classes other than high value croplands have overpaid property
taxes.
22
67)
acts and omissions, CAUV landowners throughout Ohio have overpaid billions of
dollars in property taxes. CAUV taxes have quadrupled statewide. In many Ohio
Counties, CAUV Iandowners are paying taxes at rates well in excess of 70o/o of fair
market value. In all Ohio Counties, CAUV values have risen to the point where the
underlying public policy of support for agricultural production, and the CAUV laws,
have been undermined to the point of imperiling the future of agriculture
production.
68)
And, inflated and illegal CAUV values remain the appraisal value for 3
years, the length of county appraisal cycles. Farmers are taking out personal loans
just to pay the new taxes; others are shutting down livestock or other operations;
others are being forced to sell to developers and other non-agricultural uses; others
are under pressure to cut down forests to pay taxes and go into crop farming. The
0DT's conduct is negatively affecting the economic and environmental landscape of
Ohio.
69)
Each of the named Plaintiffs is the titled owner of CAUV lands in Ohio,
70)
The majority of the named Plaintiffs reside in, and own affected
CAUV lands in Ashtabula County. They have paid CAUV taxes to the Ashtabula
7L)
23
"the defendant conducted activity that gave rise" to the Plaintiffs' claims and
where "all or part of the claim[s] for relief arose'"
TZ)
The Courts of Common Pleas have direct jurisdiction of actions for the
illegal collection of taxes, pursuant to O.R.C. 2723.0L, et seq., and for Declaratory
fudgment under O.R.C. 272L.
Z3)
unlawful provision or program, funds collected or held by the State' Santos v' Ohio
Bufgau gf Workers' Compensation, 101 0hio St.3d 74' A Court may properly
exercise jurisdiction over this matter as provided in 0.R.C. Section 2743.03
T
4)
tAlt2)
The claims of the Class also include claims for which there is no
administrative remedy. Such claims include their claims for violation of the Ohio
Constitution, a Declaration of the public policy of Ohio, a Declaration invalidating
certain actions of the Defendant ODT, class certification, injunctive reliel and other
remedies, over which no Board of Revision, the Board of Tax Appeals, or any other
forum, has jurisdiction to rule, declare, decree, order or enact. The ODT's
determination and formulation of the CAUV Land Tables may not be appealed under
O.R.C.
Section 57 L5.t9.
7S)
The individual Plaintiffs and the Class as a whole cannot obtain full
and final relief in any forum other than a Court of Common Pleas.
THE PARTIES
T6)
Plaintiff and Class Representative Bruce Vance owns over 148 acres of
24
production
and timber. His CAUV taxes have incre ased 420/o since last year, and 7940/o since
20L1..
77)
G.
Ruhland is the owner of 177 acres of CAUV timber lands in Ashtabula County. His
CAUVtaxes have increased33.To/o since lastyear, and 533o/o since 2009.
7B)
and is the Trustee of the |oseph K. Blystone Trust, which owns two tracts of
farmland totaling 75.6 acres. on which he grows crops, and raises and slaughters
livestock and poultry. Mr. Blystone recently opened a retail shop on his land, selling
these and other farm products. The CAUV taxes on his lands have incre ased
24Oo/o
since last year. For many years, Mr. Blystone owned these parcels with his wife,
until he took ownership as Trustee of his Trust in 2008, after her death.
79)
Plaintiff Bruce Achor owns 337 acres in Clinton County, and L39 more
in Highland County, on which he raises sheep, and grows corn, soybeans, wheat and
hay. His CAUV taxes have doubled in the last six months.
'80) Defendants are the State of Ohio, by and through its Governor, f ohn R.
Kasich, and the Ohio Department of Taxation, by and through its Commissioner,
Ioseph W. Testa.
25
B1)
The Plaintiffs and Members of the Class are all owners of CAUV lands
in 0hio, who have since 2005 paid property taxes on their CAUV lands based on the
property values in the annual CAUV Land Tables, As such, each individual Plaintiff,
and all members of the Class, have been directly, typically and commonly damaged
by the misconduct, acts, omissions and violations of law, by the Defendant Ohio
82)
Plaintiffs bring this action pursuant to Rules 23(A) and 23[BJ of the
83)
This is a class action filed on behalf of the Class, defined as all owners
of CAUV lands in Ohio, who have since 2005 paid property taxes on their CAUV
lands based on the property values in the annual CAUV Land Tables.
84)
The Class satisfies the requirements of Rule 23[A) and 23(B) of the
B5)
members would be impracticable. In Tax Year 2013, there were over 406,000
CAUV parcels. However, the names and addresses of, the CAUV parcels owned by,
and taxed assessed paid, by each Member of the Class are all matters of public
record. Per O.R.C. Section 5773.33, each County Auditor shall maintain, on forms
prescribed by the Tax Commissioner, an "Agricultural Land Tax List," listing:
a.
Z6
b. the
"true" or fair market value if the land were not in the CAUV
program
c.
the difference between the CAUV and fair market value taxes,
B6J
Upon and information and belief, there are over 100,000 Members of
the Class. (Most owners of the 406,000 CAUV parcels own several parcels). Notice
can be provided to the Class by a combination of published notice and first-class
mail, using techniques and a form of notice similar to those customarily used in class
actions. Notice can be provided to Class Members by the 0DT, by inclusion in the
County Auditors' property tax bills.
87)
claims are typical of the claims of the other Class members, all of which result from
the same breaches of Ohio Public Policy, Ohio Revised Code, and Ohio
88)
The common questions of law and fact exist as to all Class members
and over any questions affecting solely individual Class members. Among the
questions of law and fact common to the Class are:
a.
Did the Defendant violate Ohio Public Policy Law Rules and
Regulations in the formulation of CAUV Land Tables from 2005
onward?
.,1
b.
Did the Defendant fail to comply with Ohio Administrative Code 5703-
c.
Did the Defendant act in excess of the express authority and powers
89)
90)
protect the interests of the Class members. Plaintiffs have retained competent
counsel experienced in class action litigation to further ensure such protection and
to prosecute this action vigorously. The named Plaintiffs do not have any interests
antagonistic to, or in conflict with, the Class.
91)
separate actions by or against individual members of the class would create a risk
of:
a.
itself complying with the 0rders of one Court at the risk of being
held in contempt by another. The ODT cannot comply with CAUV
laws one way in one County, another way in 23 more, and a third
way in the other 64.
2B
92)
Through its illegal CAUV Land Tables formulations, the ODT has acted
whole. The questions of law or fact common to the members of the class described
predominate over any questions affecting only individual members. A Class Action
is superior to other available methods for the fair and efficient adjudication of the
claims and controversy at issue here. There is no other litigation concerning the
93)
of this Action. The members of the proposed Class are all readily identifiable from
public records, which demonstrate, to the penny, of the amount of the CAUV
property taxes paid by the Plaintiffs and Members of the Class. Such records are
maintained by ODT. The County Auditors and Treasurers communicate with Class
Members on a regular basis. The ODT can provide Notice and pay any damages
94)
A class action is superior to any other available methods for the fair
and efficient adjudication of this controversy. 0n the whole, the damages suffered by
individual Class members are relatively small, relative to the expense and burden of
29
individual litigation, making it virtually impossible for the Class members to seek
redress for the wrongful conduct alleged. Plaintiffs know of no difficulty that will be
encountered in the management of this litigation that would preclude its
maintenance as a class action.
COUNT I
95)
allegation of this Complaint, and further state that the Defendant oDT has, as
aforedescribed, violated both the public policy underlying the 197 4 Amendment to
Article II, Section 36 of the Ohio Constitution, and the language and purpose of the
Ohio GAUV Laws, Rules and Regulations set forth at, inter alia, o.R.c. Sections
96)
Members of the Class have overpaid their CAUV property taxes based on values
forced upon them in the CAUV Land Tables, values which were excessive, inflated
and illegal. Such overpayments in the aggregate total in the billions'of dollars.
Statewide, in excess of $20,000,000,000.00 in CAUV based property taxes was
collected in Tax Years Z0L0-20L3.
97)
Plaintiffs and the Members of the Class bring this action in equity,
seeking restitution of the amount of specific funds wrongfully paid and collected
30
pursuant to ODT's unlawful provisions in the CAUV Land Tables, and in the Annual
Explanations of such Tables, and the unlawful CAUV program being carried out from
2005 forward. The Defendant effectively possesses these funds, by virtue of being
able to keep in the State Treasury the exact amount of excess and illegal CAUV tax
funds overpaid to local governments, which would otherwise be paid out in State
support.
WHEREFORE, Plaintiffs pray for judgment against the Defendant, for full, fair
and just compensation for themselves, and the members of the Class, for all
damages directly and proximately flowing from the Defendant ODT's aforedescribed
violations of the Ohio Constitution, the Ohio Revised Code, and the Ohio
Administrative Code. Such damages include, but are not limited to:
a.
For tax years 2005 forward, all taxes in excess of the amount due and
payable had 0DT not violated the Ohio Constitution, Ohio Revised
Code and Ohio Administrative Code, and interest on, and damages for
b.
c.
31
COUNT
II
9B)
allegations of this Complaint, and further state that the collection of CAUV taxes
under the provisions and programs, including CAUV Land Tables, was illegal.
99)
relief from all further such taxes en futuro, pursuant to O.R.C. Sections 2723.0t, et
seq.
WHEREFORE, Plaintiffs pray for judgment against the Defendant, for full, fair
and just compensation for themselves, and the members of the Class, for all
damages directly and proximately flowing from the Defendant ODT's aforedescribed
violations of the Ohio Constitution, the Ohio Revised Code, and the Ohio
Administrative Code. Such damages include, but are not limited to:
a.
For tax years 2005 forward, all taxes in excess of the amount due and
payable had ODT not violated the Ohio Constitution, 0hio Revised
Code and Ohio Administrative Code, and interest on, and damages for
c.
equitable.
32
it
COUNT
III
(Unjust Enrichment)
100)
allegation of this Complaint, and further state that the Defendant ODT has, as
aforedescribed,unjustly enriched the Treasury of the State of Ohio by violating the
public policy underlying the 197 4 Amendment to Article II, Section 36 of the Ohio
Constitution, and the language and purpose of the Ohio CAUV Laws, Rules and
Regulations set forth at, inter alia, O.R.c. sections 57L3.07,5]L3.30,5713.31, and
Ohio Administrative Code Section5703-25-33, by conducting a deliberate program
of formulating CAUV Land Tables in violation of such Laws, Rules and Regulations.
101)
governments, as a result of which the State can reduce its support to local
governments in CAUV areas, including school districts, dollar for dollar. The ODT
and State have full and actual knowledge of this benefiq indeed it is was and is their
intent and plan to increase and inflate CAUV tax levels to enrich the State Treasury.
And their plan has worked; the State has received billions of dollars in benefits.
Retention of these billions of dollars accumulated by the State as the intended and
deliberately calculated result of violating the 0hio Constitution, and the language
and purpose of the Ohio CAUV Laws, Rules and Regulations set forth at, inter alia,
33
1,02)
Plaintiffs and the Members of the Class bring this action in equity,
seeking restitution of all funds by which the State of Ohio has been unjustly enriched
by 0DT's unlawful conduct. The Defendant effectively possesses these funds, by
virtue of being able to accumulate in the State Treasury the amount of excess and
illegal CAUV tax funds overpaid to local governments, which would otherwise be
paid out in State support.
WHEREFORE, Plaintiffs pray for judgment against the Defendant, for full, fair
and just compensation for themselves, and the members of the Class, including the
return all benefits unjustly received by the State of 0hio due to Defendant gDT's
aforedescribed violations of the Ohio Constitution, the Ohio Revised Code, and the
0hio Administrative code. Such damages include, but are not limited to:
For tax years 2005 forward, all taxes in excess of the amount
due and payable had ODT not violated the Ohio Constitution,
Ohio Revised Code and Ohio Administrative Code, and interest
on, and damages for the loss of use of such funds
b.
c.
34
d'
All such further relief at law, or in equity, that is fair, just and
equitable.
e.
COUNT IV
fDeclaratory judgment
103)
Complaint, and further state that each Individual Plaintiff, and member of the
Class,
is a person whose rights, status or other legal relations are affected by the
CAUV
related, set forth above, and who, pursuant to o.R.c. Section 27zl.o3,may
have
determined for them the question of the construction and validity of such
themselves, and on behalf of the entire Class, pray for a Declaration from this
Court
that the aforedescribed failures of the oDT to abide by the Laws, Rules &
Regulations governing the calculation of the CAUV Land Tables.
IURY DEMAND
35
RespectfullY submitted,
rsvrN r.
[0037479)
Firm
The Roberts Law
T622Columbia Road,
Olmsted Falls, Ohio 44138
t4401 793'62ss
Fax: [440) 793'6256
ktr@kevinrobertslaw' com
Attorney for Ptaintiffs & the Class
ROBERTS, ESQ.
36