Jim Rokakis Land Bank case that boomeranged

Submitted by Jeff Buster on Thu, 03/22/2012 - 23:09.

 Cuyahoga County   Common Pleas Judge John P. O'Donnell 

just appropriately ruled for the low bidder on the Brown's stadium concrete work. So, I thought, maybe here's a judge who is doing his job.  I Googled him. 

I got to this pretty cool site where Hon. J. John P. O'Donnell's rulings are available.  

That's progress.  BIG PROGRESS!

We, the public taxpayer,  can read our employee's (the Hon. Judge's) rulings.   From our Homes. From our Couch. Without any public records BS or fees.   That's progress.  And I salute every judge who publishes their opinions/rulings on the web.  Hat Tip to Mr. Hon. O'Donnell et al!

One 2009 ruling was a little existestial - requiring an Arizona company which leased a space at Legacy Village to continue to operate their lease hold space after they had performed a going out of business sale and closed.  In the Judge's defense, the Court has to work with the precedent they have.   Sometimes, precedent, and practicality don't jive. 

There was also this case involving the land bank attempting to take a parcel valued at  $887,000 

 to the Land Bank to satisfy a $37,889.90 tax lien.

Judge John P. O'Donnell didn't support the County Treasure's (Mr. Jim Rokakis's) position.  

While the plans of public officials like Mr. Rokakis are being rebuffed by public officials like Hon. J. O'Donnell, Mr. Rokakis is still collecting a "double dip" salary while at the same time making telephone calls to web site administrators (statement made on personal knowledge) and public employment personell managers (statement made on personal knowledge) - voicing complaints about negative opinions expressed about him.    

You can observe Mr. Rokakis extemporaneously (stream of consciousness is honest) complaining about web types at "3 am" complaining about him here on the City Club of Cleveland Web site.

thank the L for public officials working for US!

(Roldo, please take notice of my input here, thanks, Jeff)

 

 

( categories: )

Board of Revision

It's a shame we lost a lot of content on this site related to the shady deals under prior Cuyahoga County Board of Revision administration.  

 

Thank you JB, for the link to O'Donnell's decision:

IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
JAMES ROKAKIS, AS TREASURER ) CASE NOS.: CV 10 729690 and
) CV 10 729846
Plaintiff, )
) JUDGE JOHN P. O’DONNELL
)
vs. ) JOURNAL ENTRY
)
CIRCLE DEVELOPMENT )
GROUP, INC., et al. )
)
Defendants. )
John P. O’Donnell, J.
:


The appellants – particularly Park View – claim the board violated the direct transfer statute by ignoring its liens and transferring an $887,000 parcel to the Land Bank to satisfy a $37,889.90 tax lien.

 

I would hope an astute attorney would see an opportunity to address the transparent wrongs committed by the prior Board of Revision administration upon so many families in NEO--decisions made that allowed so many to profit at the expense of folks without the legal means to challenge BOR decisions.

(BOLD AND UNDERLINED ADDED FOR EMPHASIS)

The board of revision decided the case before it on an amended complaint that is not authorized by the statute governing tax foreclosures before the board and in the absence of any rules of procedure that allow an amended complaint. The board also failed to comply with the provision of R.C. §323.78 requiring a notice of final hearing that describes the availability of the alternative redemption period as a remedy and the possibility that the property will be ordered directly transferred, free and clear of all liens, to a land bank. These were abuses of the board’s discretion and deprived the appellants of due process.
To undo the abuse of discretion the parties should be returned to where they were before the error was made. That point is October 23, 2009, just before the board continued the final hearing on the complaint.
Therefore, pursuant to R.C. §2506.04, the court hereby vacates all of the board of revision’s orders beginning October 23, 2009, including the adjudication of foreclosure and the order to the sheriff of direct transfer. The court further orders that the amended complaint be stricken from the record before the board and remands the treasurer’s complaint to the board of revision to be adjudicated in accordance with all applicable statutes.
Finally, because the adjudication of foreclosure is vacated, the court finds that the deed from the sheriff to the Cuyahoga County Land Reutilization Corporation, recorded June 16, 2008 as instrument number 201006080284, is void and of no legal effect. The office of the fiscal officer of Cuyahoga County is ordered to record, without fee, a time-stamped copy of this journal entry in connection with permanent parcel number 956-33-017 upon presentation by Park View, Circle Development, or any other interested party.
IT IS SO ORDERED

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2011 (pay in 2012) TAXBILL SUMMARY

PARCEL NUMBER 956-33-017 TAXSET    Solon TAX YEAR    2002 (pay in 2003)
2003 (pay in 2004)
2004 (pay in 2005)
2005 (pay in 2006)
2006 (pay in 2007)
2007 (pay in 2008)
2008 (pay in 2009)
2009 (pay in 2010)
2010 (pay in 2011)
2011 (pay in 2012)
function changeYear(obj) { var ls_parcel; ls_parcel = "956-33-017"; if (obj.value != "") document.frm.year.value=obj.value; SubmitThisForm('taxbill.asp') }
           
ASSESSED VALUES MARKET VALUES   FLAGS  
LAND VALUE 51,660.00     LAND VALUE 147,600.00     2.5% RED.    N
BUILDING VALUE 258,790.00     BUILDING VALUE 739,400.00     HOMESTEAD    N
TOTAL VALUE 310,450.00     TOTAL VALUE 887,000.00     FORECLOSURE    N
HOMESTEAD VALUE 0         CERT. PEND.    N
        CERT. SOLD    N
HALF YEAR CHARGE AMOUNTS RATES   PAYMENT PLAN  N
GROSS TAX 16,578.03     FULL RATE 106.8    
LESS 920 RED 5,306.40     920 RED. RATE .320086    
SUB TOTAL 11,271.63     EFFECTIVE RATE 72.614762 ESCROW  
10% RED. AMOUNT 1,127.16         ESCROW    N
2.5% RED. AMOUNT 0.00         PMT. AMOUNT 0.00
HOMESTEAD RED. AMOUNT 0.00         ACCOUNT  
TOTAL ASSESSMENTS 0.00            
HALF YEAR PENALTIES     
HALF YEAR NET TAXES 10,144.47            
  CHARGES PAYMENTS BALANCE DUE  
TAX BALANCE SUMMARY: 92,652.81 0.00 92,652.81  

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2011 (pay in 2012) CHARGE AND PAYMENT DETAIL  
NOTICE TO TAXPAYERS
The taxes showing due are for special assessments and delinquent charges ONLY
TAXSET CHARGE TYPE CHARGES PAYMENTS BALANCE
Solon Prior year penalty - 2006 314.57 0.00 314.57
  Prior year penalty - 2007 462.71 0.00 462.71
  Prior year penalty - 2008 1,697.41 0.00 1,697.41
  Prior year penalty - 2009 2,832.74 0.00 2,832.74
  Prior year penalty - 2010 3,144.96 0.00 3,144.96
  Prior year interest - 2007 48.53 0.00 48.53
  Prior year interest - 2009 244.08 0.00 244.08
  Prior year interest - 2011 6,348.78 0.00 6,348.78
  Prior year tax - 2008 10,950.94 0.00 10,950.94
  Prior year tax - 2010 20,290.12 0.00 20,290.12
  Prior year tax - 2006 1,505.35 0.00 1,505.35
  Prior year tax - 2009 18,275.48 0.00 18,275.48
  Prior year tax - 2007 2,985.14 0.00 2,985.14
  Prior year interest - 2010 2,104.20 0.00 2,104.20
  Prior year interest - 2008 144.42 0.00 144.42
  Prior year August interest - 2010 0.00 0.00 0.00
  DELQ BALANCE 71,349.43 0.00 71,349.43
  1st half penalty 1,014.44 0.00 1,014.44
  1st half tax 10,144.47 0.00 10,144.47
  1ST HALF BALANCE 11,158.91 0.00 11,158.91
  2nd half tax 10,144.47 0.00 10,144.47
  2ND HALF BALANCE 10,144.47 0.00 10,144.47
TOTAL BALANCE   92,652.81 0.00 92,652.8

 

SEE also:
http://www.cleveland.com/business/index.ssf/2012/03/kd_buys_playhousesquare_land_p.html

must join City Club soon...

Jeff, I haven't been by here for a while. I enjoyed the comment about the 3 AM blog review. The video reminded me that we must get a family membership to the City Club. 

Bad theatre

Tim, you must enjoy the bad theatre we call political leadership here in NEO....go and watch Cleveland City Council vote (AGAIN) to give more of your $$$ to another "waste-to-energy" consultant....it's free...

 

Taylor said the administration is seeking approval from City Council to hire another consultant to review the work done so far and even suggest possible alternatives to gasification.

"The City of Cleveland is committed to finding a sustainable model to manage our waste stream," Taylor wrote. "The (waste-to-energy plant) is still a project under consideration by the City of Cleveland as a means to increase recycling, reduce operating costs and generate electricity for CPP.

See also:
http://www.coolcleveland.com/blog/2012/03/roldo-are-things-as-bad-as-they-seem-in-jacksons-city-hall/