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Wednesday, April 03, 2002

By Mark Belko, Post-Gazette Staff Writer

A judge has affirmed his decision to grant relief to 27,000 taxpayers whose property values were reduced through appeals last year only to increase again in 2002.

In yesterday's 16-page opinion and order, Common Pleas Judge R. Stanton Wettick Jr. stood by his Feb. 8 ruling, which also required the county to use 2002 property values for all other taxpayers. County Council had asked him to reverse the ruling and order 2001 values to be used for everyone.

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Wettick had allowed the 27,000 taxpayers to use their 2001 values this year because of what the county had described as a breakdown in the reassessment machinery.

County officials have said many of the values lowered in 2001 appeals bounced back up again in 2002 because data mistakes corrected during hearings were not factored into computer calculations for the 2002 assessments. In that sense, the 2001 post-appeal values may be more accurate than those for 2002.

As a result, the county offered "reasonable justification" for allowing the 27,000 to use their 2001 values again this year, Wettick wrote yesterday. Council had claimed his decision violated uniformity standards in the state constitution.

"In this situation, this group of taxpayers should receive the benefit of the doubt for 2002," Wettick wrote.

However, the judge wasn't as kind to Upper St. Clair, the Upper St. Clair School District and the Fox Chapel Area School District.

Their attorneys argued they should get the same treatment for several hundred properties whose values increased on appeal last year only to be lowered again in 2002.

While the taxing bodies argued that many reductions were triggered by the same mistakes that caused assessments to rise for 27,000, Wettick disagreed. In some cases, values changed for reasons other than clerical or data errors, he said.

"A taxing body should not receive the benefit of the doubt when there is a reasonable possibility that the 2002 assessment is based on an accurate description of the property. The remedy for the taxing bodies is to file an appeal," Wettick wrote.

Council made it easy for him to uphold the 2002 values for all but 27,000 taxpayers by failing to override county Chief Executive Jim Roddey's veto of ordinances calling for the use of 2001 property values.

Since the ordinances never became law, "there is no case or controversy," nor any reason to consider the request for reconsideration, Wettick said.

After the ruling, Roddey, a Republican, urged the Democrat-controlled council to give up its legal fight to switch back to the 2001 values.

"County Council needs to recognize the time has come to act responsibly, to put politics aside, and to work together with me on behalf of the people of Allegheny County," he said.

But some council Democrats were in no mood to do so -- even as they prepared to vote on lowering the county tax rate and sending out tax bills with the 2002 assessments last night. They vowed to appeal the ruling.

"If 2001 is good for some, it should be good for all," said Councilman Wayne Fontana, D-Brookline.

While disagreeing with the ruling, Fox Chapel school Solicitor Tim Sheerer said he probably would recommend against an appeal. Upper St. Clair Solicitor Charles McCullough said he would consult with township commissioners before deciding whether to appeal.