Wheeling-Pittsburgh Steel Corp. v. Board of Revision of Taxes
Wheeling-Pittsburgh Steel Corp. v. Board of Revision of Taxes
Opinion of the Court
OPINION
In August of 1986, Wheeling-Pittsburgh Steel Corporation (Wheeling) filed appeals of real estate assessments for 1987 on various parcels of real property located in the City of Monessen (City). At issue in this appeal from an order
In 1981, the City abolished its Board of Assessment, electing to follow Westmoreland County’s assessment by its Board of Assessment and Appeals of the County of Westmoreland for real estate within the City. In 1982, the City and the School District passed resolutions pursuant to the Local Economic Revitalization Tax Assistance Act (LERTA), Act of December 1, 1977, P.L. 237, as amended, 72 P.S. §§ 4722-27, which permitted the exemption of certain of Wheeling’s property from taxation. In accordance with this resolution and, in order to value the rail mill for City and the School District assessment starting in 1986 as opposed to the assessment for county purposes, the parties obtained an amended order in 1982 from the common pleas court which assessed the rail mill at $8 million when it was placed on the assessment rolls of the City and School District in 1986. The order also set a limit on the total assessment for all Wheeling real property located in the City and stated that such assessment
[sjhall remain at that figure with additions thereto for new construction and substantial repairs and remodeling and with credits for removal or demolition or destruction of buildings all in accordance with the law or until such*277 time as the county has a complete reassessment of real estate of the county.
(Order of President Judge McCormick, 9/9/82.) The resulting exemption from taxation amounted to a forgiveness of over $2.4 million for Wheeling.
In 1985, Wheeling filed a petition pursuant to Chapter 11 of the United States Bankruptcy Code. As previously mentioned, Wheeling appealed the 1987 tax assessment which was still based on the 1979 and 1982 orders. The City and the School District then filed a petition to enforce the 1979 and 1982 orders in order to prevent any action by the Board on Wheeling’s tax assessment appeal. After much wrangling in the federal courts, Wheeling’s request to stay state court action on the petition of the City and School District was ultimately denied. On September 26, 1988, the Court of Common Pleas of Westmoreland County entered an order, the subject of this appeal, which gave full force and effect to the 1979 and 1982 orders. Wheeling filed the present appeal.
By deed dated June 20, 1988, Wheeling, with permission of the United States Bankruptcy Court, sold the steel facility and the continuous caster to Monessen, Inc. In August of 1988, Monessen, Inc. filed an appeal of the 1989 assessment. By deed dated December 30,1988, Wheeling sold the rail mill to Bethlehem Rail Acquisition Corporation. In early 1989, both of these purchasers (appellants herein) filed petitions to intervene in the present appeal. This Court, on February 1, 1989, granted both petitions. Wheeling was ordered by the bankruptcy court to pay its 1987 taxes. As a result, Wheeling praeciped to withdraw its appeal. After this Court erroneously entered a notice of discontinuance stating that the appeal had been withdrawn, discontinued and ended, we issued an amended notice which stated that the appeal had been discontinued as to Wheeling only.
Appellants advance a number of arguments for the proposition that the 1979 and 1982 orders have no effect on a tax appeal filed for the 1987 tax year. They argue that apply
In Meadows Real Estate, Inc. v. Board of Assessment Appeals, 67 Wash.Co.Rpts. 219 (1987), the purchaser of the Meadow Race Track filed an appeal of the 1987 assessment of the property. The Board of Assessment Appeals for Washington County refused to hold a hearing on the matter because the prior owner of the property and the various taxing authorities had stipulated in 1982 on an assessment appeal for that year that the fair market value of the property was $10 million. The stipulation further provided that this figure would remain in effect for seven years. The purchaser, which paid only $5.9 million for the property, appealed to the Court of Common Pleas of Washington County, arguing that the 1982 stipulation could not be effective some five years later. The purchaser there cited Sections 601, 602, 701 and 702 of the Fourth to Eighth Class County Assessment Law, Act of May 21, 1943, P.L. 571, as
The City and the School District argue that the LERTA resolution passed in 1982 provides the necessary statutory authority for setting assessments into the future. We fail to see how that legislation offers such authority. Section 5 of LERTA, 72 P.S. § 4726 (Supp. 1989), permits local taxing authorities to grant tax exemptions for new construction or improvements to deteriorated property. While there may be property at issue here that is subject to a LERTA exemption, any such exemption can have no effect on the valuation of non-exempt property. Furthermore, Section 3 of the Third Class County Assessment Law requires the board to annually list and value all property which is exempt from taxation. 72 P.S. § 5344(a) (Supp. 1989). The parties may raise the question of exempt property when this tax appeal is heard on remand by the board.
The City and the School District raise a number of arguments in an attempt to breathe life into the 1979 and 1982 orders. They first argue that both appellants should not have been permitted to intervene because neither has a legally enforceable interest. The City and the School Dis
The City and the School District next argue that the 1979 and 1982 orders are res judicata on the present controversy. Res judicata applies, inter alia, where there is a final valid judgment. Keystone Building Corp. v. Lincoln Savings & Loan Assoc., 468 Pa. 85, 360 A.2d 191 (1976). As our prior discussion shows, those orders have no validity when applied to the appeal taken for 1987 and the ensuing years.
The City and the School District next argue that the two orders in question by their express terms preclude this appeal. As with the previous argument, these orders have no validity when applied to this tax assessment appeal. The reliance by the taxing authorities upon those orders is not well founded.
Finally, the taxing authorities argue that if those orders do not preclude the present appeal, the appellants must restore or tender back to the City and the School District any benefits obtained as consideration for those agreements. Without expressing any viewpoint on this argument, we note only that the present tax appeal is concerned
ORDER
NOW, October 19, 1989, the order of the Court of Common Pleas of Westmoreland County, at Nos. 3008-3022 of 1975 and Nos. 3421 and 3263 of 1975 and No. 3736 of 1976, is vacated and the matter is remanded so that the court may order a remand to the Board of Assessment and Appeals of the County of Westmoreland for the required hearing.
Jurisdiction relinquished.
. Because we dispose of this case on statutory grounds, we do not reach the appellants' well founded arguments that application of the 1979 and 1982 orders to the present tax assessment appeals would violate the uniformity provisions of Article VIII, Section 1 of the Pennsylvania Constitution, Ballou v. State Ethics Commission, 496 Pa. 127, 436 A.2d 186 (1981) (A court should not decide a case on a constitutional basis when the case can be decided upon non-constitutional grounds).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.