Property Reassessment

Reassessment

March 30, 2009

Homeowners plan legal fight

Lawyers are already working on an attempt to halt the project, an activist says.

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

Hanover Township property owner Vic Kopko said litigation to try to stop Luzerne County’s reassessment is “inevitable” because commissioners haven’t voted to halt the project.

“This thing is much larger than the county commissioners could even imagine. There are multiple attorneys working on this,” said Kopko, who is working with lawyers from Wetzel, Caverly, Shea, Phillips & Rodgers in Wilkes-Barre.

Kopko estimates he already has $70,000 in donations committed for a legal fight, and will start collecting that money next week.

“This entire process has been fraught with error after error, and the potential litigation is going to encompass everything from fairness to improper procedure to improper valuations and methodology,” Kopko said. “We’re very confident in our position.”

Other property owners are working with Philadelphia attorney Sam Stretton.

Stretton could not be reached for comment but said in a voice message that he is involved in legal preparations.

“We are going to be moving soon on this reassessment. We put together a team of lawyers, and we will be meeting next week,” he said.

A newly formed organization – Residents of Luzerne County United – is also in the process of setting up an account to accept donations for legal fees, said organization member Michelle Boice. Organization members will determine which lawyers are retained, she said.

Boice said lawyers have advised the group that there are “several grounds” to warrant a court injunction to halt the project.

She cited “skewed and flawed values” and “violation of rights in the process itself.”

Kopko said the separate groups plan to “come together” in the legal battle.

“We will all join forces to beat the monster down,” Kopko said.

Tim Barr, of reassessment company 21st Century Appraisals Inc., said courts are aware that reassessments are “confrontational.”

The law provides a “very specific due process” for property owners to challenge their new assessments – formal assessment appeals and action in the county Court of Common Pleas, Barr said.

“Unless taxpayers have exhausted due process, my experience is that the court is reluctant to interfere in established legal processes,” Barr said. “If there’s an issue of value, there’s a due process in place.”

Barr said errors are always part of reassessments, and the county’s reassessment policies and procedures were conducted “based on law that’s been in effect many years.”

“Luzerne County is more open and accommodating to taxpayers than it is required to be,” Barr said.

He further noted the county hired the International Association of Assessing Officers to serve as an independent watchdog over 21st Century’s work.

“The consultant was hired to ensure that the work was done at every step of the process and that the values produced met international standards,” Barr said. “Those studies have already been done.”

Barr said he believes a lawsuit would be motivated by anger over property tax bills.

“My personal opinion is they’re reacting to the significant changes necessary when it’s been this long between reassessments,” Barr said.

The county’s last reassessment was in 1965.

Kopko has a different take, saying property owners are unhappy with “the incompetence of what 21st Century Appraisals has done.”

“This will ultimately lead to people losing their homes. Everything they’ve worked for will be gone,” he said. “I’m really questioning whether the county commissioners are heartless or incompetent. I haven’t figured that out yet.”

Commissioners Maryanne Petrilla and Stephen A. Urban have said they want to allow the reassessment to proceed as planned because $8 million has been spent and thousands more appeals are waiting to be heard. They say the values won’t be certified if the appeals board can’t hear all appeals in time.

Commissioner Greg Skrepenak has proposed an indefinite delay, saying reassessment shouldn’t take effect during a struggling economy.

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

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