Moore v. Berks County Board of Assessment Appeals

72 Pa. D. & C.4th 47, 2005 Pa. Dist. & Cnty. Dec. LEXIS 140
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMay 5, 2005
Docketno. 04-2884
StatusPublished

This text of 72 Pa. D. & C.4th 47 (Moore v. Berks County Board of Assessment Appeals) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Berks County Board of Assessment Appeals, 72 Pa. D. & C.4th 47, 2005 Pa. Dist. & Cnty. Dec. LEXIS 140 (Pa. Super. Ct. 2005).

Opinion

LASH, J.,

The appellants, Michael H. Moore and Andrea Wardenski Moore, have filed an appeal from the decision of the Berks County Board of Assessment Appeals, directing a rollback from the preferential use assessment to full market value assessment of three parcels of Moores’ real estate, pursuant to Pennsylvania Farmland and Forest Land Assessment Act of 1974 (Act 319), commonly known as the Clean and Green Act, 72 P.S. §5490.1, et seq. Pursuant to 72 P.S. §5350(c), the appeal pertains to a rollback from preferential use assessment to full market value for the years 1997 through 2003 for Parcel 1, and 1998 through 2003 for Parcels 2 and 3. Trial was held on November 29, 2004 and March 2, 2005. The court makes the following findings:

I. FINDINGS OF FACT

(1) The appellants are Michael H. Moore and Andrea Wardenski Moore, with an address at 120 Old State Road, Reading, Berks County, Pennsylvania 19606.

(2) The appellee is the Berks County Board of Assessment Appeals, having an address at the Berks County Services Center, Third Floor, 633 Court Street, Reading, Berks County, Pennsylvania 19601.

[49]*49(3) At all pertinent times, the Moores were the owners of three parcels of real estate situated entirely within Alsace Township in the Oley Valley School District, totaling 90.94 acres as follows:

(A) 62.63 acres, located at 120 Old State Road, pin no. 22-5338-04-54-7554 (Parcel 1);

(B) 15.88 acres, located at Apple Lane, pin no. 22-5338-01-45-2364 (Parcel 2); and

(C) 12.43 acres, also located at Apple Lane, pin no. 22-5338-01-45-5425-001 (Parcel 3).

(4) Parcel 1 has an assessed value of $460,800, Parcel 2 has an assessed value of $55,600 and Parcel 3 has an assessed value of $43,500.

(5) In 1976, appellant, Michael H. Moore, purchased approximately 89 acres from his father and continued its use as a farm. The farming operation included hogs, com, soybeans, winter wheat and hay. In 1990, the Moores discontinued the hog farming operation. They eventually also eliminated the growing of hay.

(6) This original 89-acre farm has been known and referred to as “Shamrock Farm” since 1981.

(7) The farm included the farm residence and garage, five outbuildings, which were used to house the hogs and store crops and farm equipment, as well as tillable land, pasture and woodland.

(8) The outbuildings existing on the property in 1976 are identified in exhibit B-4 as buildings A, B, D, E and H. Buildings A, B, D and E were used to house livestock, and building H was used to house farm equipment.

[50]*50(9) Subsequently, the Moores constructed additional outbuildings, also identified in exhibit B-4. Building G was constructed shortly after appellant, Michael H. Moore, purchased the premises and was used as a garage to house personal automobiles. Building F was constructed in 1994 and was originally used to store personal vehicles. Buildings I and J were constructed in 1996 and were used for the storage of personal items and farming equipment. Building K was constructed in 1997 and was originally used for the storage of personal items and farming equipment. Building C was constructed in 1998 and was originally used for the storage of personal items and farming equipment.

(10) Eventually, outbuildings C, F, I, J and K and partitioned portions of outbuildings A and D were converted from their existing use to a commercial use, whereby the Moores would provide storage space to third parties.

(11) The Moores began renting building F to third parties in 1998, buildings I, J and K sometime between 1999 and 2001 and building C in 2001. The Moores also rented portions of buildings A and D to third parties at all pertinent times.

(12) The square footage used in the outbuildings for storage space to third parties totals 21,910 square feet.

(13) In 1995, the Moores purchased a parcel of land of approximately nine acres from Mr. Moore’s brother. This land adjoined Shamrock Farm. The Moores annexed the nine acres to Shamrock Farm.

(14) Subsequently, the Moores subdivided Shamrock Farm and the annexed nine acres into four lots, one of which was sold off. The remaining three lots became Parcels 1, 2 and 3.

[51]*51(15) Parcel 2 is composed of 13.71 acres from Shamrock Farm and 2.170 acres from the farm previously owned by Mr. Moore’s brother. Parcel 3 is composed of 9.84 acres from Shamrock Farm and 2.590 acres from the farm previously owned by Mr. Moore’s brother.

(16) All buildings, including the Moores’ residence and garage and the 11 outbuildings, are situated within Parcel 1.

(17) Also located on Parcel 1 is a network of driveways leading from Old State Road. The driveways are utilized by the Moores for their personal, farming and forest reserve uses, and are also used by the Moores’ commercial patrons.

(18) The original driveway, known as the “lower driveway,” leading from Old State Road to the dwelling house, was constructed in the mid 1950s. Another driveway, known as “the middle driveway,” was constructed in about 1966 to serve outbuilding A. The Moores next constructed the “end driveway” in 1996, which extended from the dwelling house to the northwest to facilitate access to the tilled fields. Finally, the driveway known as the “top driveway” was constructed, connecting the ends of the existing driveways, facilitating access to outbuildings I and J.1

(19) On or about November 2, 1992, and prior to the Moores acquiring the adjoining lot from Mr. Moore’s brother or subdividing the acreage, the Moores submitted an application to the Berks County Board of Assessment, requesting that the 89-acre farm be given prefer[52]*52ential assessment under the Clean and Green Act, commencing tax year 1994.

(20) On the application, the Moores allotted the acreage as follows: one acre designated “homesite,” 30 acres designated “tillable,” four acres designated “pasture,” 50 acres designated “forest,” and four acres designated “residual.” Nothing was designated as “other ineligible” land.

(21) The application defined “homesite” as “normally one acre is required for each occupied house. A farm with one house, bam and outbuildings require one acre.” It defined “ineligible land” as: “The acres necessary to support any non-agricultural use, for example: commercial operation of a business, including a parking lot.” (emphasis in original) “Residual” was defined as: “The number of remaining acres of land which are not suitable for building sites, agricultural or forest land use. Normally restricted to swamp lands, ravines, etc.”

(22) The four acres allocated by the Moores to “residual” on the application consisted of the acreage where the then existing outbuildings, and the sites of future outbuildings, were located. A stream bed and small pond were also included within the four acres.

(23) By notice dated October 28, 1993, the Berks County Assessment Office notified the Moores that their application for enrollment into the Clean and Green program had been accepted, effective January 1, 1994.

(24) Following the annexation and subdivision that created Parcels 2 and 3, the Moores applied for enrollment of those Parcels into the Clean and Green program. Specifically, the application requested preferential use [53]

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Bluebook (online)
72 Pa. D. & C.4th 47, 2005 Pa. Dist. & Cnty. Dec. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-berks-county-board-of-assessment-appeals-pactcomplberks-2005.