Property Reassessment

May 29, 2009

Commissioners seek new law firm for reassessment

Rosenn Jenkins & Greenwald is resigning from challenge case

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

Luzerne County Commissioners plan to seek another law firm to handle a reassessment court challenge because newly retained Rosenn Jenkins & Greenwald is withdrawing, county officials say.

Thomas MacNeely, the Rosenn lawyer assigned to the case, said the firm has several clients who are involved in assessment mediation challenges. While conflict-of-interest concerns would likely be minimized by waivers from the clients, the firm did not want to create a public perception problem for the county, he said.

Commissioners voted to hire the firm on May 21 for up to $330 an hour to represent the county assessment appeals board in a property assessment mediation challenge filed by Hanover Township resident Vic Kopko.

Kopko also plans to file a lawsuit attempting to throw out the county’s reassessment. He said Thursday that he doesn’t buy the conflict-of-interest argument.

“I believe they’re smelling a case that they can’t win,” Kopko said.

MacNeely denied that.

“Our decision to withdraw had nothing to do with our perception of the strengths or weaknesses of his case. It had no bearing at all,” MacNeely said.

County commissioners will seek another outside lawyer, said Commissioner Chairwoman Maryanne Petrilla.

All three commissioners voted to hire outside counsel, saying they don’t want to risk having the new county tax base being thrown out. Staff Solicitor David Schwager, who represents the assessment appeals board, doesn’t have time to devote to the Kopko case because he’s busy processing mediations, commissioners said.

County Chief Solicitor Vito DeLuca said it may be tough to find another law firm experienced in assessment law that doesn’t have clients in appeals.

Court briefs on Kopko’s request to conduct discovery as part of his mediation were due by Monday, but the county is in the process of seeking an extension. The county must also file court briefs on reassessment company 21st Century Appraisals Inc.’s request to intervene in Kopko’s mediation.

Kopko’s mediation session with the county had been scheduled for Thursday, but Schwager asked to postpone it, citing another commitment in bankruptcy court, said Kopko’s attorney, Bill Abraham.

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

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