Property Reassessment

September 22, 2009

Outside judge eyes assess case

Jurist ponders whether to let reassessment firm intervene in case.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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WILKES-BARRE – A Centre County judge is mulling over whether to allow 21st Century Appraisals – the company that performed Luzerne County’s reassessment – to intervene in the assessment appeal of a Hanover Township man.

Four attorneys, representing 21st Century, the county Board of Assessment Appeals, Hanover Township and Hanover Area School District, spent about an hour and a half on Monday questioning 21st Century representative Tim Barr about why his company should or shouldn’t be allowed to intervene, and thereby be paid by the county for the intervention.

A fifth attorney – William Abraham, representing property owner Vic Kopko – questioned Barr about an Oct. 31, 2008, deadline for the county to hear and decide upon all assessment appeals, as specified in state law.

Kopko’s Countrywood Drive home was originally valued at $392,300 by 21st Century. The value was reduced to $333,700 at an informal review, and further reduced to $285,200 by a county assessment appeal board. Kopko has said that value is higher than his certified appraisal. He filed an appeal in county court, even though he is still waiting on an arbitration hearing – a step the court added to the appeal process to ease the court caseload.

As part of the appeal, Kopko filed a discovery request for the dates that all county assessment appeals were filed, heard and decided, arguing that the information is necessary to determine if all decisions were rendered by Oct. 31. Kopko has publicly stated that he plans to file a lawsuit seeking to throw out the entire reassessment because the Oct. 31 deadline was not met and the reassessment was “fraught with errors.”

County officials maintain that appeals could continue beyond Oct. 31 if they wrapped up before 2009 tax bills were issued.

On Monday, 21st Century attorney Michael Yelen had Barr read from a contract between the county and 21st Century that states, according to Barr, that the company is to participate in all assessment appeals.

Attorney Jack Dean, representing the board of appeals, argued that 21st Century has no standing because, according to case law, standing is limited to the property owner and the appeals board.

Dean said 21st Century is trying to insert into the case “a complete breach-of-contract (argument) against the county, who is not even a party to this case.” Dean said the appeals board is an entity separate from the county.

Yelen told Judge Charles Brown that he has the discretion to grant standing because of the contract and because 21st Century has the right to defend its work product. Yelen said 21st Century was trying to avoid filing a breach of contract lawsuit against the county.

Brown said he hopes to make a decision by the end of the week.

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