Property Reassessment

February 25, 2010

Property case dismissal rejected

Judge: Kopko has right to continue fighting assessment in court, even though he sold his property.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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A Luzerne County senior judge has determined that Victor Kopko has the right to continue fighting his property assessment in court, even though he sold the Hanover Township property in question.

The county’s lawyer, Jack Dean, had argued earlier this month that Kopko should not have standing because he sold the property in October.

Kopko’s lawyer, William Abraham, said that position was "ridiculous" because there is no assessment-related case law indicating that the challenge should be dropped.

Senior Judge Carson V. Brown sided with Kopko, rejecting the county’s attempt to dismiss the court case.

“This is a victory for the taxpayers, and hopefully we are very close to a final resolve,” Kopko said Wednesday.

Kopko filed the court challenge because he is contesting the value set by the county assessment appeals board.

Kopko has said that he plans to take legal action to throw out the county’s entire reassessment, in part because his county appeal and others were heard after Oct. 31, 2009.

He maintains that state law requires all appeals be heard by Oct. 31, but county officials said appeals could be heard until the 2009 tax bills were mailed.

The Hanover Township property was originally valued at $392,300 by the reassessment company. The assessment was reduced to $333,700 at an informal review and to $285,200 by the county appeals board. Kopko sold the property for $250,000 in October, but the sale was recorded at $268,000 because it included $18,000 in personal property.

Brown, who was assigned the case because he doesn’t own property in the county, said in his opinion that there is nothing in assessment law that requires a property owner who files an appeal to maintain ownership of the property throughout the appeals process.

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

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