Property Reassessment

November 8, 2008

Assessment lawsuit now uncertain

Taxpayer group leader said lawyer’s not returning calls, so donors to get money back.

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

A taxpayer group that collected donations to file lawsuit challenging Luzerne County’s reassessment is returning that money. The group’s leader says he doesn’t know if a lawsuit will be possible because attorney Sam Stretton isn’t calling him back.

“It looks like we’ve been left in the lurch, like we’ve been strung along,” said Brian Shiner, chairman of Residents of Luzerne County United.

Stretton, of the Philadelphia area, could not be reached for comment on several attempts. He had said weeks ago that a suit would be filed.

Disgruntled property owners had raised hope that a lawsuit would halt the reassessment. However, several county officials have noted it’s likely a judge would require the posting of a multimillion-dollar bond to cover the cost of redoing reassessment in the event the lawsuit was unsuccessful.

Shiner declined to say how much money was donated but said he now has access to every penny.

The organization sprouted over frustration with the county reassessment. More than 100 area residents attended the group’s Sept. 23 meeting in Wilkes-Barre Township, and donations were accepted to pursue litigation through Stretton.

But Shiner said several group leaders, including two lawyers, have decided to pull out and “go back to private life.” Shiner said he and three other active group leaders demanded access to the account and obtained control of it several days ago. He said no money is missing.

Unable to get a return call from Stretton, Shiner said he didn’t want to keep donations made for litigation.

“I think the only fair thing to do is return the money,” he said, noting several donors had already requested return of their money.

He isn’t giving up on a suit, though he believes one would have to be filed by the end of the year.

He said he is seeking a pro bono lawyer.

“When we get new lawyers who really want to handle this and not leave us at the 11th hour like this, then we can contact the people again to see if they want to donate,” Shiner said.

Shiner said money has already been returned to some, and these donors offered to submit new donations if the lawsuit is revived.

Shiner said the return of money has forced him to dip into his own funds to pay for envelopes, stamps and money orders.

Larger money orders must be paid with cashier checks and sent by certified mail, Shiner added.

Despite the setback, Shiner said his group won’t fade away.

“We’re going to continue as a taxpayer advocacy group. We just want to regroup and get the right people. We’re going strong,” he said.

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