Lawsuit mulled over value appeals process

By Jennifer Learn-Andes jandes@timesleader.comLuzerne County Reporter

attorney Bruce Phillips said several Luzerne County property owners could not obtain appraisals in time for their formal appeals because the certified appraisers who are willing to do them can’t handle the sudden inundation of work.

The county is refusing to reschedule appeals, so Phillips is considering a lawsuit.

“That, I think, is a violation of their due process under the 14th Amendment and may give rise to a civil rights action,” Phillips said. “It’s just blatantly unfair and quite amazing that the county would do such a thing.”

Phillips said the decision on whether to file suit will hinge on whether the county continues prohibiting property owners from continuing their scheduled appeals to a later date.

The county assessment appeals board issued the no-rescheduling alert on June 25 so that all property owners would be treated consistently.

Property owners with family emergencies may receive a new date if they file a written statement with evidence of the emergency, county officials say.

The board noted that property owners have 40 days to determine if they want to appeal after they receive their assessed values and at least 20 days to prepare before an appeal date is set.

Phillips said the limited number of appraisers who are willing to take on reassessment-related appeals are “overwhelmed.”

“I’ve heard from several appraisers that they can’t get done in time,” Phillips said.

According to the state’s online licensing database, there are about 70 certified general and residential appraisers. The county is also accepting appraisals from experienced certified broker appraisers.

Several appraisers from outside the county have also started preparing appraisals for Luzerne County property owners.

Bob DeRemer, a certified broker appraiser, said he stopped accepting new appraisal requests about a week ago.

“I have too many. I can’t do anymore. I have four piles of them,” said DeRemer.

DeRemer said he will consider taking more in a week if he gets caught up, but he doesn’t want to commit until he’s sure he can complete the ones he has in time for appeal dates.

He has been referring property owners to other appraisers, but they often call back saying that those appraisers aren’t taking on new clients either.

DeRemer estimates he’s completed about 80 reassessment-related appraisals to date.

“Some of the values are so off,” he said.

While appraisals often cost $350 or more, DeRemer typically charges $250 for a land appraisal and $300 for a residential one. He also accompanies clients to their appeals at no additional charge.

Callers to the office of Rosen Real Estate Inc., another business that handles appraisals, are greeted with a message asking callers to be patient awaiting a return call. The reason: The message says the business has a heavy call volume and high demand for appraisals due to the reassessment.

John Rodgers, another attorney in Phillips’ law firm, is also questioning the legality and fairness of the court’s decision to add two more steps before property owners see a judge.

Instead of appealing straight to a judge, property owners will now be required to first go before a three-person arbitration board and then a court-appointed master, the court decided.

Rodgers said he believes assessment law gives property owners the right to present a fresh, or de novo, case to a judge.

However, the new rules, as he interprets them, require judges to either accept the master’s decision or accept the property owner’s opposing argument, or exception.

“That concerns me because I think there are serious legal issues in this reassessment that need to be heard by judges,” Rodgers said.

The additional steps will also create a hardship for many property owners, Rodgers said.

If the current fees remain in place, property owners who want to contest county appeal board rulings would have to pay a $111.75 filing fee, a $375 arbitration panel fee and $51 fee to appeal the arbitration ruling, according to the prothonotary’s office fee schedule.

That doesn’t include increased costs for lawyers and expert witnesses, he said.

He also wants to know who will be appointed master to oversee these proceedings.

Court of Common Pleas President Judge Mark Ciavarella, who signed the new plan for additional steps, could not be reached for comment on several attempts.

Sam Guesto, who is overseeing reassessment court challenges for the court system, said in an e-mail response that the courts are still discussing fees.

Prothonotary Jill Moran could not be reached for comment on several attempts.

Crowd expected at tonight’s meeting

Anticipating a lot of public discussion about the reassessment, Luzerne County Commissioners have asked reassessment company representative Tim Barr to attend tonight’s commissioner meeting.

County appeals board member Richard Oravic is also scheduled to attend.

The meeting is at 5 p.m. in the Earth Conservancy Building, 101 S. Main St., Ashley.

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