Ciaffoni v. Washington County Board

535 A.2d 247, 112 Pa. Commw. 135, 1987 Pa. Commw. LEXIS 2705
CourtCommonwealth Court of Pennsylvania
DecidedDecember 22, 1987
DocketAppeals, Nos. 1450 C. D. 1986, 1513 C. D. 1986 and 1578 C. D. 1986
StatusPublished
Cited by10 cases

This text of 535 A.2d 247 (Ciaffoni v. Washington County Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ciaffoni v. Washington County Board, 535 A.2d 247, 112 Pa. Commw. 135, 1987 Pa. Commw. LEXIS 2705 (Pa. Ct. App. 1987).

Opinion

Opinion by

Judge MacPhail,

Appellants McGufiey School District, Trinity School District, and Avella Area School District1 appeal an order of the Court of Common Pleas of Washington County which reduced an assessment by the Washington County Board for the Assessment of Appeals (Board) of real estate owned by Appellee Concetta Ciaffoni. For the reasons set forth below, we must dismiss Appellants’ appeals.

The property which is the subject of this appeal consists of eight parcels of reserve coal property in the McGufiey School District and one in the Trinity Area [138]*138School District, owned by Appellee. Appellee initially appealed the 1978 and 1979 assessments on eighteen parcels of coal property, including those in Appellants’ districts, to the Board, pursuant to Section 701 of The Fourth to Eighth Class County Assessment Law (Law), Act of May 21, 1943, P.L. 571, as amended, 72 P.S. §5453.701. After a hearing, the Board assessed a fair market value to the properties of $800.00 per acre.

Appellee subsequently appealed to the court of common pleas, claiming that the fair market value should be reduced to $100.00 per acre for one parcel and $200.00 per acre for all others. In a January 9, 1986 opinion, the trial court held that the fair market value on all eighteen coal properties owned by Appellee is $500.00 per acre. The court later dismissed Appellants’ motion for post-trial relief and affirmed its previous order. Appellants’ appeal to this Court followed.

Appellants raise the following issues before us: 1) whether the trial court erred in permitting Appellee’s son, Robert Ciaffoni, to testify as an expert on the value of Appellee’s property; 2) whether the court erred in finding Robert Ciaffoni’s testimony sufficient to overcome the prima facie validity of the Board’s assessment; and 3) whether the court erred in its valuation of Appellee’s property at less than $800.00 per acre. We will address each issue seriatim, keeping in mind that in a tax assessment appeal, our scope of review is limited to a determination of whether the trial court committed an error of law or abused its discretion in determining a property’s fair market value. Harrisburg Park Apartments, Inc. Appeal, 88 Pa. Commonwealth Ct. 410, 489 A.2d 996 (1985).

Initially, Appellants argue that Mr. Ciaffoni was not qualified to offer expert testimony on the value of Appellee’s coal properties because he was not a mining engineer and because his experience with coal valúa[139]*139tion was gleaned from observing coal tax sales and was limited to his family’s involvement in the coal mining industry. We reject this argument, and agree with the trial court that Mr. Ciaffoni is qualified based on “his extensive experience with coal properties and the purchase of coal rights for his father and mother [Appellee herein] .”2

It is well settled that the qualification of an expert witness is a matter within the trial court’s discretion. City of Philadelphia v. Sorrentino, 95 Pa. Commonwealth Ct. 236, 505 A.2d 373 (1986). The standard for an expert’s qualifications is a liberal one, and as we stated in Sorrentino, “ \ . . [i]f a witness has any reasonable pretension to specialized knowledge on the subject under investigation he may testify and the weight to be given to his testimony is for the jury [fact-finder].’ ” Id. at 240, 505 A.2d at 375 (quoting Kuisis v. Baldwin-Lima-Hamilton Corp., 457 Pa. 321, 338, 319 A.2d 914, 924 (1974)). “Although the witness must demonstrate some special knowledge or skill, there is no requirement that a witness acquire expertise as a result of formal schooling; expertise acquired by experience is expertise nonetheless.” Gottfried v. American Can Co., 339 Pa. Superior Ct. 403, 411, 489 A. 2d 222, 226 (1985).

Our review of the record discloses no abuse of discretion on the part of the trial court in allowing Mr. Ciaffoni to testify as to the value of Appellee’s property. We agree with the court that Mr. Ciaifoni’s qualifications demonstrate extensive practical experience in real estate and coal properties, based on his involvement in the transfer of, as he testified, “thousands” of properties, including all of Appellee’s eighteen coal properties, over the course of approximately forty years. [140]*140See Notes of Testimony from January 8, 1985 at 494-495, Reproduced Record at 101-102.

Appellants’ second argument is that the trial court erred in determining that Mr. Ciaffoni’s testimony was competent and credible enough to overcome the prima facie validity of the fair market value of Appellee’s properties contained in the Board’s assessment. We do not agree.

The order of proof in a tax assessment case was described by our Supreme Court as follows:

The procedure requires that the taxing authority first present its assessment record into evidence. Such presentation makes out a prima facie case for the validity of the assessment in the sense that it fixes the time when the burden of coming forward with evidence shifts to the taxpayer. If the taxpayer fails to respond with credible, relevant evidence, then the taxing body prevails.

Deitch Co. v. Board of Property Assessment, 417 Pa. 213, 221, 209 A.2d 397, 402 (1965). See also City of Wilkes-Barre Industrial Development Authority v. Board of Tax Assessment Appeals of the County of Luzerne, 89 Pa. Commonwealth Ct. 182, 492 A.2d 113 (1985). In the case at bar, Appellee presented the testimony of her son in response to the Board’s assessment of the fair market value of her properties. Appellants could then rebut this evidence, and in such a case the weight to be given to all the evidence would be for the court to determine. Deitch; Pittsburgh Des Moines Steel Co. v. Board of Property Assessment, 103 Pa. Commonwealth Ct. 61, 519 A.2d 1080 (1987). The court, here, found against the weight of Appellants’ evidence that Appellee’s property was worth $800.00 per acre.

Finally, we reject Appellants’ third argument that the trial court erred in finding that the lair market value [141]*141of Appellees property was less than $800.00 per acre. Of course, in a tax assessment appeal, the trial court hears the matter de novo and must determine the fair market value of the property based on the competent evidence before it. Commonwealth Trust Co. of Pittsburgh Appeal, 88 Pa. Commonwealth Ct. 618, 491 A.2d 929 (1985).

As correctly noted by the trial court in the case sub judice, the court is to determine the weight of the experts’ testimony in accordance with the approaches to valuation they have used.

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Ciaffoni v. WASH. CO. BD. FOR A. OF A.
535 A.2d 247 (Commonwealth Court of Pennsylvania, 1987)

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Bluebook (online)
535 A.2d 247, 112 Pa. Commw. 135, 1987 Pa. Commw. LEXIS 2705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciaffoni-v-washington-county-board-pacommwct-1987.