Attorney for property owners seeking Lackawanna County reassessment makes case to judges

Jun. 7—An attorney for two property owners who are trying to force Lackawanna County to perform its first countywide reassessment in over a half-century asked a three-judge panel Monday to decide the case in their favor.

Judge Thomas Munley and Senior Judges Robert Mazzoni and Carmen Minora listened to about 35 minutes of argument on a motion for summary judgment filed by attorney Marielle Macher of the Community Justice Project.

She represents Scranton residents Brian Skotch and Ronald Monroe, who filed a lawsuit in 2018, seeking to compel the county to conduct its first comprehensive reassessment since 1968. Another city resident who was part of the case, Annette Holmes, has died since it was filed.

The property owners contend the county's outdated assessments have created a disproportionate real estate tax burden that violates the state constitution's Uniformity Clause and the Equal Protection Clause of the U.S. Constitution.

The closely watched case could have significant implications for county residents. While a reassessment would help address longstanding inequities that critics say have resulted in some property owners paying more than their fair share of taxes while other pay less, it would also cost the county millions of dollars to carry out — a bill taxpayers would have to foot.

At the conclusion of the virtual hearing, the judges took the matter under advisement and did not indicate how quickly they would rule.

In seeking a ruling for her clients, Macher argued there are no material facts in dispute in the case, only legal issues.

She said the county did not challenge the conclusions of her experts: Teri Ooms, executive director of the Institute for Public Policy and Economic Development, and Robert C. Denne, a former employee of the International Association of Assessing Officers.

Denne found the county's assessment inequities are so systemic and widespread that a complete reassessment is the only remedy, according to his report.

Similarly, Macher told the judges, she does not dispute the calculations of the county's expert, Joseph Fisher of Fisher and Fisher Appraisals. He maintained the county's use of a statistic known as the common level ratio to approximate market values across all municipalities means the county is not violating the Uniformity Clause.

"Our argument is the common level ratio is irrelevant," Macher said.

Attorney John Dean, who represented the county at the hearing, reminded the judges the plaintiffs have the burden of proving their case.

Although the property owners want the court to find their assessments violate the Uniformity Clause, neither of Macher's experts undertook the simple task of addressing the fair market values of the Skotch or Monroe properties, he said.

He maintained most of what is in the reports of Macher's experts is not relevant the question, including Denne's statistics.

"He's using these statistics like a drunken man uses a lamppost — for support, not illumination," Dean said.

Contact the writer: dsingleton@timesshamrock.com, 570-348-9132