In re Appeal of Gateway School District

556 A.2d 924, 124 Pa. Commw. 463, 1989 Pa. Commw. LEXIS 199
CourtCommonwealth Court of Pennsylvania
DecidedMarch 29, 1989
DocketAppeals Nos. 1065 C.D. 1988 and 1069 C.D. 1988
StatusPublished
Cited by6 cases

This text of 556 A.2d 924 (In re Appeal of Gateway School District) 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
In re Appeal of Gateway School District, 556 A.2d 924, 124 Pa. Commw. 463, 1989 Pa. Commw. LEXIS 199 (Pa. Ct. App. 1989).

Opinion

Opinion by

Judge Craig,

This is an appeal by Gateway School District and the Municipality of Monroeville challenging the propriety of an order of the Court of Common Pleas of Allegheny County that (1) allowed the discontinuance of Gateway’s court appeal of Cobra Development Corporation’s real estate tax assessment for the tax year 1985, but (2) refused to discontinue Cobra’s automatic appeals of the tax assessments for 1986 and 1987.

Cobra had appealed the 1985 tax assessment of its real estate to the Allegheny County Board of Property Assessment, Appeals and Review. The board reduced the assessment from $373,850.00 to $125,000.00. Gateway appealed that reduction to the court of common pleas. Cobra, apparently satisfied with the reduction, did not file an appeal. As required by the local rules of court, Gateway listed in its appeal, as interested parties, Cobra, the Municipality of Monroeville, and the County of Allegheny, all of which entered appearances.

While the appeal was pending in the court of common pleas, the board increased the tax assessment of the same property for the years 1986 and 1987 to $373,850.00. Cobra did not file an express appeal as to these assessments. However, pursuant to statutory provisions discussed below, the trial court subsequently deemed appeals as to those later years, 1986 and 1987, to be automatically before it, thus giving rise to one of the issues to be considered.

In accordance with local rule 502, a special master held a conciliation conference on July 15, 1987. Because the conciliation was unsuccessful, a de novo hearing was eventually scheduled for February 11, 1988. On January 28,1988, however, Gateway filed a Praecipe to Settle and Discontinue the appeal, and Cobra responded with a Petition to Strike Gateway’s Praecipe. The trial court [466]*466then issued the order now before us allowing discontinuance by Gateway, but refusing it otherwise, thus permitting Cobra to proceed against the other two taxing bodies as to the 1985, 1986 and 1987 assessments. In so ordering, the trial judge relied upon provisions of local rule 502 which require the consent of all parties when discontinuance is sought at a described stage of the proceeding, thus raising the other issue stated below.

Gateway and Monroeville contend that the court of common pleas’ decision is erroneous because that order, by applying local rule 502, allows a party, that has not expressly filed an appeal or cross appeal, to pursue an appeal after the original appellant, who first filed the appeal with the court of common pleas, has withdrawn. Gateway and Monroeville argue that the trial court should have applied Pa. R.C.P. No. 229, the state rule allowing discontinuances in civil proceedings without reference to consent by other parties, rather than local rule 502, and thus end the appeal regarding Cobra’s property.

The questions we must consider are: (1) when a taxpayer has appealed one year’s tax assessment to the board and only the taxing body appeals to the court of common pleas, are the appeals of later years’ assessments automatically deemed, by statute, to have been taken, and (2) whether a local rule, that requires the consent of all interested parties before a court may allow a party to discontinue an appeal, is applicable and effective.

The Second Class County Assessment Act, Act of June 21, 1939, P.L. 626, as amended, 72 P.S. §§5452.1-5452.20, provides:

If a taxpayer has filed an appeal from an assessment, so long as the appeal is pending before the board or before a court on appeal from the determination of the board, as provided by statute, the [467]*467appeal will also be taken as an appeal by the taxpayer on the subject property for any valuation for any triennial or intertriennial assessment subsequent to the filing of such an appeal with the board and prior to the determination of the appeal by the board or the court. The board shall hold its hearings and make its final determination of the subsequent years in question in the same manner as for the year or years for which the original appeal was filed. This provision shall be applicable to all pending appeals as well as future appeals.

72P.S. §5452.11.

Provisions contained in the General County Assessment Act, Act of May 22, 1933, P.L. 853, as amended, 72 P.S. §§5020-101—5020-602, that are not included in or in conflict with the Second Class County Assessment Act also apply to tax assessment cases in Allegheny County. Section 518.1 of the General County Assessment Act provides for appeals to the courts of common pleas from board determinations:

Any owner of real estate or taxable property . . . who may feel aggrieved by the last or any future assessment or valuation of his real estate . . . may appeal... to the court....
If a taxpayer has filed an appeal from an assessment, so long as the appeal is pending before the board or before a court on appeal from the determination of the board, as provided by statute, the appeal will also be taken as an appeal by the taxpayer on the subject property for any valuation for any assessment subsequent to the filing of such appeal with the board and prior to the determination of the appeal by the board or the court.

Gateway’s request to withdraw its appeal appears to be an attempt to end the entire case and thus prevent [468]*468Cobra from challenging the tax assessments for 1986 and 1987. However, in our opinion, the automatic appeal provisions quoted above do not apply only to those situations in which the taxpayer has actually appealed to the court of common pleas. We believe the provisions are applicable in this case to Cobra, even though Cobra did not appeal the board’s decision. According to the statutory language, the taxpayer’s initial appeal need only be either (1) pending before the board, or (2) before a court on appeal from a board determination, in order to be deemed an appeal of all subsequent assessments. The Acts do not specifically say that the taxpayer must have filed the appeal from the board’s determination. The Acts only require that the appeal be from a board determination of an appeal initially filed by the taxpayer. Hence, we must conclude that Cobra’s initial appeal to the board resulted in the automatic appeal of the subsequent assessments for 1986 and 1987.

Furthermore, we also conclude that Gateway and Monroeville are incorrect in asserting that the trial court should have discontinued the entire appeal pursuant to Pa. R.C.P. No. 229. In a statutory appeal such as this, the parties and the trial court must proceed in strict accordance with the governing legislation. Pittsburgh v. Public Utility Commission and Duquesne Light Company, 3 Pa. Commonwealth Ct. 546, 284 A.2d 808 (1971). In Westinghouse v. Board of Property Assessment, Appeals and Review et al., 118 Pa. Commonwealth Ct. 152, 544 A.2d 1088 (1988), this court concluded that orders the Allegheny County Court of Common Pleas had issued under Pa. R.C.P. No. 227.1, the rule on post-trial relief, were nullities because the assessment acts provide the exclusive method of redress.

We also note the Pennsylvania Supreme Court’s decision in In re Appeal of Municipality of Penn Hills, 519 [469]*469Pa. 164

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556 A.2d 924, 124 Pa. Commw. 463, 1989 Pa. Commw. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-gateway-school-district-pacommwct-1989.