In re Appeal of the Municipality of Penn Hills

546 A.2d 50, 519 Pa. 164, 1988 Pa. LEXIS 228
CourtSupreme Court of Pennsylvania
DecidedAugust 17, 1988
Docket68 W.D. Appeal Dkt. 1987
StatusPublished
Cited by30 cases

This text of 546 A.2d 50 (In re Appeal of the Municipality of Penn Hills) is published on Counsel Stack Legal Research, covering Supreme 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 the Municipality of Penn Hills, 546 A.2d 50, 519 Pa. 164, 1988 Pa. LEXIS 228 (Pa. 1988).

Opinions

[167]*167OPINION

McDERMOTT, Justice.

This appeal arises from the real estate tax assessment made by the Allegheny County Board of Property Assessment, Appeals and Review with regard to commercial property located in the Municipality of Penn Hills. This property was registered in the name of Universal Atlas Cement Company. However, the actual owner of the property was United States Steel Corporation. For tax year 1984 the Board assessed the property in the amount of $335,500.00.

On February 28, 1984, Penn Hills and the Penn Hills School District (hereinafter “Taxing Authorities”) filed a timely appeal to this assessment with the Board. The appeal challenged the assessment on the grounds that the assessment was too low, in that it was based on a fair market value less than 25% of the actual value.

On March 30, 1984, U.S. Steel, approximately one month beyond the appeal period, sought leave to intervene in the appeal and filed with the Board a “Notice of Intervention”. The notice did not indicate a reason for its intervention; nor was a specific challenge made to the assessment.

A hearing was scheduled before the Board for October 24, 1984. However, in the interim the Taxing Authorities, upon their independent evaluation, determined that the property was properly assessed, and therefore elected to withdraw their appeal. This fact notwithstanding, U.S. Steel notified the Board that it intended to proceed to the hearing and seek a reduction in the assessment.

The hearing was held, as scheduled, with only U.S. Steel in attendance. Shortly thereafter the Board rendered a Disposition of Appeal from the assessment, and issued a downward revision from the original assessment of $335,-500.00 to an adjusted amount of $162,500.00.

An appeal from this action was taken by the Taxing Authorities to the Court of Common Pleas of Allegheny County., That appeal challenged the propriety of the Board’s jurisdiction to entertain the claim of U.S. Steel [168]*168given the fact that they, as original appellants, had elected to voluntarily withdraw their appeal. In response U.S. Steel contended that once intervention was allowed the intervenor assumed the status of a proper party, with all attendant rights and liabilities; consequently, it was entitled to proceed with the appeal to seek a reduction in the assessment.

Following a conciliation conference on June 20, 1985, and submission of briefs by both sides, the lower court agreed with the Taxing Authorities, and held that the Board did not properly have jurisdiction once the original appellants withdrew their appeal. The court thereupon ordered reinstatement of the original assessment of $335,500.00.

On appeal the Commonwealth Court reversed this order and held that U.S. Steel did not lose its status as a party upon the withdrawal of the original appellants, 103 Pa. Cmwlth. 121, 519 A.2d 1090 (1987). Consequently, the Board’s revised assessment of $162,500.00 was reinstated. From this order the Taxing Authorities sought allowance of appeal, which was granted. For the reasons that follow we now affirm.

The primary issue in this case is whether an intervenor’s ability to participate in the litigation of an appeal is dependent upon the status of the original appellant.

Intervention is a procedural tool by which a person not originally a party can participate in a given action. See Goodrich-Amram 2d § 2327.1. Generally, once intervention is allowed the intervenor is afforded all the rights of a party to the action, Taged, Inc. v. Zoning Board of Adjustment, 6 Pa.Cmwlth. 331, 295 A.2d 339 (1972); Pa.R.Civ.P. 2230,1 and unless otherwise specified an intervenor’s right to participate in an appeal is not contingent upon the continued participation of the original appellant. See generally Schaeffer v. Jones, 293 Pa. 529, 143 A. 197 (1928) [169]*169(intervening party permitted to file appeal separate from original plaintiff).

In this case the Board’s intervention rule explicitly provided that any party having a direct pecuniary interest may intervene in an existing appeal “as a party” by giving written notice to the Board of this intention.2 Given the absence of limitations to the contrary we construe this language to mean that an intervenor participates in the appeal with all the attendant rights of any other party. Therefore, according to the Board’s rules, U.S. Steel entered the fray with the same rights as the original appellants, and its ability to continue was not contingent upon the status of any other party. See Taged, Inc. v. Zoning Board of Adjustment, supra; see also, City of McKeesport v. Fullard, 26 Pa.Cmwlth. 393, 398 n. 7, 364 A.2d 739, 742 n. 7 (1976).

Our inquiry however is not at an end, for we must still address whether the Board was empowered to rule upon the complaint asserted by U.S. Steel. Regarding this issue appellant argues that because of the well settled doctrine that the intervenor takes the litigation as he finds it, Tremont Township School District v. Western Anthracite Coal Co., 381 Pa. 276, 113 A.2d 234 (1955),3 and the rule that an intervenor must raise claims in subordination to and in recognition of the propriety of the original action, Bannard v. New York State Natural Gas Corp., 404 Pa. 269, 172 A.2d 306 (1961), an intervenor cannot raise issues which were previously waived. Appellant further argues that the intervenor in this case, by failing to file its own appeal, [170]*170waived the issue upon which it ultimately prevailed, i.e., that the property was overassessed; and that, regardless of the intervenor’s status as a party, it did not have standing to raise that issue.

This argument has some surface appeal, and if we were presented with a judicial case where the normal rules of waiver apply,4 we would be inclined to accept it. However, under the unique facts of this case, where we are ruling on the intervention practices relative to an administrative proceeding, we must refer to the controlling administrative rules, as well as the enabling legislation, to determine what if anything was waived at the time this intervenor was admitted to participate in the appeal.

Once an appeal has been lodged by either the original appellant or an intervening party, the Board is authorized by statute to determine the assessment pursuant to statutory guidelines. Assessments in counties of the second class are treated in our statutes at 72 P.S. § 5452.1 et seq.5 The Board is empowered, at this juncture, to revise an assessment of property according to the following relevant provisions of section 5452.10:

(a) The board shall, as provided by this act and by the provisions of existing law, examine and revise the assessments and valuations, increasing or decreasing the same as in their judgment may seem proper, and shall add thereto such property or subjects of taxation as may have been omitted.

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Bluebook (online)
546 A.2d 50, 519 Pa. 164, 1988 Pa. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-the-municipality-of-penn-hills-pa-1988.