Doverspike v. Black

535 A.2d 1217, 126 Pa. Commw. 1
CourtCommonwealth Court of Pennsylvania
DecidedMarch 18, 1988
Docket8 C.D. 1987
StatusPublished
Cited by9 cases

This text of 535 A.2d 1217 (Doverspike v. Black) 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
Doverspike v. Black, 535 A.2d 1217, 126 Pa. Commw. 1 (Pa. Ct. App. 1988).

Opinions

MacPHAIL, Judge.

James Doverspike and Amor D. Bullers (Appellants) appeal from an order of the Court of Common Pleas of Jefferson County which sustained the preliminary objections filed by the Commissioners of Jefferson County (Commissioners), David S. Barr, t/d/b/a 21st Century Appraisals, Inc. and Pritchard and Abbott Appraisals, Inc. (jointly, 21st Century) and dismissed Appellants’ complaint in equity and mandamus. Appellants sought in their action to challenge the validity of a contract executed by the Commissioners and 21st Century providing for appraisals of active mineral lands located in Jefferson County to be conducted by 21st Century. For the reasons which follow, we affirm the common pleas court’s dismissal of Appellants’ complaint.

Appellants’ complaint, which is comprised of five counts, challenges the subject contract on the following grounds: (1) that the contract was awarded without pursuing public bidding procedures and that the services offered by 21st Century do not constitute professional services which would be exempt from public bidding requirements; (2) that the appraisers employed by 21st Century are not licensed real estate brokers; (3) that if 21st Century is viewed as a delegated or assistant assessor, its compensation has not been properly subjected to approval by the Jefferson County Salary Board; and, (4) that the contract was entered into in violation of the Open Meeting Law.1 Demurrers were filed and sustained regarding each of the counts contained in the complaint.

[4]*4Our scope of review from the action of a trial court in sustaining preliminary objections in the nature of a demurrer is limited. Of course, preliminary objections admit as true all well-pleaded facts set forth in the complaint and all inferences fairly deducible therefrom. Where no factual disputes exist, it is appropriate for the trial court to interpret the applicable law and resolve the merits of the claim. Calandra v. State College Area School District, 99 Pa. Commonwealth Ct. 223, 512 A.2d 809 (1986). Our review is limited to a determination of whether it appears with certainty that the law will permit no relief given the truth of the facts as pled. Bryson v. Solomon, 97 Pa.Commonwealth Ct. 530, 510 A.2d 377 (1986).

We turn first to the issue of whether or not the appraisal contract should have been publicly bid. Section 1802 of The County Code,2 16 P.S. § 1802 provides, inter alia, as follows:

(a) All contracts for services and personal property where the amount thereof exceeds the sum of four thousand dollars ($4,000), shall be written and shall, except as otherwise hereinafter specified, be made by advertising for bids.
(h) The contracts or purchases made by the commissioners involving an expenditure of over four thousand dollars ($4,000) which shall not require advertising or bidding, as hereinbefore provided, are as follows:
(5) Those involving services of members of the medical or legal profession, registered architects, engineers, certified public accountants or other personal services involving professional expert advice.

(Emphasis added.) The total two year contract price in the instant case is $130,000 and, thus, exceeds the minimum $4,000 expenditure required to trigger public bidding proce[5]*5dures. Moreover, the Commissioners concede that the contract was not publicly bid.

The narrow issue presented, therefore, is whether the appraisal services offered by 21st Century involve professional expert advice so as to exempt the contract for those services from competitive bidding. Appellants argue that the general reference to “professional expert advice” should be limited to individuals who possess similar qualifications to those professionals specifically listed in Section 1802(h)(5). See Section 1903(b) of the Statutory Construction Act of 1972, 1 Pa.C.S. § 1903(b) (general words construed to take their meanings from and be restricted by preceding particular words). While we agree, in general, with this proposition, we must disagree with Appellants’ suggestion that post-baccalaureate studies and state certification or licensure are necessary prerequisites for an individual to render “professional expert advice” under Section 1802(h)(5).

We, of course, recognize the public policy considerations which underlie the general requirement that public contracts be competitively bid, including the prevention of fraud and favoritism and protection of the public fisc. See American Totalisator Co. v. Seligman, 34 Pa. Commonwealth Ct. 391, 384 A.2d 242 (1977), aff'd, 489 Pa. 568, 414 A.2d 1037 (1980). Statutory requirements for public bidding should be liberally construed to effect these purposes. 1 Pa.C.S. § 1928(c). As a corollary, we believe that exceptions to competitive bidding requirements should be narrowly construed. We must, nevertheless, conclude that Appellants’ construction of the statutory exception for “professional expert advice” is too limited in this case.

In the case of Hammermill Paper Co. v. Erie, 372 Pa. 85, 92 A.2d 422 (1952), cert. denied, 345 U.S. 940, 73 S.Ct. 831, 97 L.Ed. 1367 (1953), our Supreme Court recognized the complexity inherent in rendering certain appraisals and the potential need for local assessors to consult with trained valuation specialists.

[6]*6It is well known that in the progressive industrial age in which we live, appraisals are often very difficult, and frequently require a special knowledge of engineering or of machinery or of minerals or of various component parts that go to make up the value of real estate.
[T]he Assessor had both a right and a duty to avail himself of the knowledge, experience and skill of disinterested persons who are experienced or specialists in matters in which he has little if any knowledge, especially in fields where expert knowledge is necessary; and that such officials may adopt as their own the valuation of property made by experts or specialists____

Id., 372 Pa. at 95-96, 92 A.2d at 428 (citations omitted).

In Pardee v. Schuylkill County, 276 Pa. 246, 120 A. 139 (1923), the Supreme Court similarly recognized the expertise required in appraising mineral lands. Moreover, Pennsylvania has recently begun to require certification of tax assessors, including mass appraisal company employees. Such assessors are required to undergo a course of study covering “the appraisal assessing profession” and successfully complete a comprehensive examination. See Sections 5 and 6 of the Assessors Certification Act, Act of December 17, 1986, P.L. 1675, 72 P.S. §§ 5010.5 and 5010.6. We think that the Legislature’s reference to “the appraisal assessing profession ” evidences its recognition of the expertise required of tax assessors in general.

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Bluebook (online)
535 A.2d 1217, 126 Pa. Commw. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doverspike-v-black-pacommwct-1988.