Property Reassessment

August 4, 2009

Assess case reassigned

21st Century Appraisals wants to represent county in key case.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
Jennifer Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

A controversial Luzerne County reassessment court case will be reassigned to an out-of-county judge.

The matter centers on reassessment company 21st Century Appraisals Inc.’s attempt to intervene – and thus be paid – to represent the county in property owner Vic Kopko’s assessment challenge.

Kopko is contesting the value of his home and laying the groundwork for a promised, full-blown lawsuit seeking to throw out the new assessed values that took effect this year.

A hearing on 21st Century’s intervention request had been scheduled for Monday before Judge Thomas Burke.

Though the hearing had been on the calendar since the beginning of May, the court administration office said it was notified Friday afternoon that county President Judge Chester Muroski wanted the case assigned to an out-of-county senior judge.

Muroski’s secretary, Sean Duesler, said the change was a precaution because county judges own property subjected to the new assessments.

“To avoid the appearance of impropriety, it seems appropriate that the matter be handled by a non-citizen, non-taxpayer,” Duesler said.

A senior judge had not been assigned to the case as of Monday afternoon.

Kopko said he is frustrated with the delays because his challenge is on hold until 21st Century’s intervention request is decided. However, he is pleased that another judge – Hugh Mundy – recently granted his request to perform limited discovery as part of his assessment challenge.

Specifically, Kopko is seeking the dates and times that all county reassessment-related assessment appeals were filed, heard and decided. He contends the information is necessary to determine whether all decisions were rendered on or before the last day of October “as required” by state law.

Kopko’s attorney, Bill Abraham, said Monday that he has case law showing reassessment was thrown out in another county because the deadline wasn’t met.

County officials have maintained that their interpretation of the law allowed appeals to continue beyond Oct. 31, as long as the appeals were wrapped up before 2009 tax bills were issued.

21st Century is arguing that the county has a contractual obligation to pay the company to handle court-level assessment challenges.

The county’s outside counsel -- Elliott Greenleaf & Dean – said the county has the right to hire a third-party appraiser for defense of values at the court level.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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