Property Reassessment

May 12, 2009

Man’s reassessment case on hold

Judge did not rule in Vic Kopko’s case since he was assigned it on short notice.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Hanover Township resident Vic Kopko appeared in court Monday for a hearing on his request to perform discovery as part of his property assessment mediation challenge, but Judge Hugh Mundy did not rule because he was assigned the case on short notice.

Lawyers representing the county’s reassessment company, 21st Century Appraisals Inc., also attended because the company unexpectedly filed court paperwork Friday attempting to put Kopko’s request on hold and intervene in the case.

21st Century is asking the court to order that the company “manage and defend” the Kopko challenge, arguing that its contract with the county mandated that the company be paid to defend the values.

Mundy took over the matter at the last minute because Judge Michael Toole was overbooked. He gave lawyers 20 days to submit follow-up briefs for or against the discovery request and briefs on 21st Century’s motion to stay and intervene.

Kopko and his wife, Diane, are seeking the dates and times that all county assessment appeals were filed, heard and decided. They argued that the information is necessary to determine whether all decisions were rendered by Oct. 31 as specified in state law.

County officials have maintained that appeals could continue beyond Oct. 31, as long as they wrapped up before 2009 tax bills were issued.

During Monday’s hearing, county solicitor David Schwager questioned the relevancy of supplying that information because the Kopkos’ mediation would focus on fair market and uniformity of assessments in that neighborhood.

Attorney William Abraham, representing the Kopkos, said discovery is permissible at mediation and relevant in determining whether the reassessment was legal. Abraham said the Kopkos are planning to challenge the legality of the reassessment.

Hanover Area School District Solicitor Joseph Van Jura told Mundy that he believes the Kopkos’ discovery request is “a fishing expedition that doesn’t serve any purpose in this case.”

The Kopkos have no objection to 21st Century’s request to intervene, Abraham said. He said the company is raising “issues of fact that need to be heard.”

In addition to seeking involvement in mediation, 21st Century is questioning the court’s authority to add the mediation step and alleging that mediation has resulted in “compromised” values on property.

Van Jura questioned why 21st Century is trying to get involved in the Kopko challenge, rather than seeking a declaratory judgment against the county.

Hanover Township Solicitor Robert Davison told the court that the township will “strenuously” object to intervention by 21st Century.

“It’s a contract issue with the county, not the taxpayer,” Davison said.

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

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