Property Reassessment

June 2, 2009

New law firm in reassessment case

After last firm’s withdrawal, county plans to hire Philly group for court challenge.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Luzerne County Commissioners plan to hire the Philadelphia-based Elliot Greenleaf law firm to handle a reassessment court challenge now that the last firm they hired has withdrawn.

The plans were divulged in county court Monday during a hearing on the county’s request for more time to file court briefs.

Judge Hugh Mundy granted an extension to June 22.

The county’s recently retained local law firm, Rosenn, Jenkins & Greenwald, withdrew because it has several clients who are involved in assessment mediation challenges, which could create the appearance of a conflict of interest.

County Solicitor Vito DeLuca said Monday he has received a draft engagement letter from Elliot Greenleaf.

“They did a conflict check and are confident they can take the case,” DeLuca said.

DeLuca said he insisted the firm charge the same or less than the Rosenn firm, and Elliot Greenleaf agreed.

Rosenn would have been paid 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.

All three commissioners voted to hire outside counsel, saying they don’t want to risk losing the new county tax base. 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.

DeLuca said commissioners will either call a special meeting to approve the hiring of another law firm or vote retroactively at the June 17 meeting.

Court briefs on Kopko’s request to conduct discovery as part of his mediation will be due on June 22. The county and other taxing bodies must also file court briefs on reassessment company 21st Century Appraisals Inc.’s request to freeze the discovery request until a judge hears the company’s request to intervene in the case at an August hearing.

21st Century’s lawyer, Michael Yelen, argued Monday against the granting of an extension on the briefs.

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