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NBC-USA Hous., Inc.-Thirteen v. Levin

Citations: 123 Ohio St. 3d 1490; 916 N.E.2d 815Docket: 2009-1436

Court: Ohio Supreme Court; November 16, 2009; Ohio; State Supreme Court

Narrative Opinion Summary

The court is addressing an appeal from the Board of Tax Appeals, specifically case No. 2007-A-110. The appellant filed a motion to consolidate this case with another case, 2009-0919, involving NBC-USA Housing Inc. and the Tax Commissioner, which is Board of Tax Appeals case No. 2006-N-1492. Additionally, the Tax Commissioner requested a stay in briefing until the resolution of case No. 2009-0919. Both motions—those for consolidation and for a stay—have been denied by the court.

Legal Issues Addressed

Consolidation of Cases

Application: The court considered but ultimately denied the appellant's motion to consolidate the current case with another pending case.

Reasoning: The appellant filed a motion to consolidate this case with another case, 2009-0919, involving NBC-USA Housing Inc. and the Tax Commissioner, which is Board of Tax Appeals case No. 2006-N-1492.

Stay of Briefing

Application: The Tax Commissioner's request to stay the briefing process until the resolution of a related case was denied by the court.

Reasoning: Additionally, the Tax Commissioner requested a stay in briefing until the resolution of case No. 2009-0919. Both motions—those for consolidation and for a stay—have been denied by the court.