Phillips v. COM., STATE TAX EQUAL. BD.

948 A.2d 889, 2008 WL 2020358
CourtCommonwealth Court of Pennsylvania
DecidedMay 13, 2008
Docket349 M.D. 2007
StatusPublished

This text of 948 A.2d 889 (Phillips v. COM., STATE TAX EQUAL. BD.) 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
Phillips v. COM., STATE TAX EQUAL. BD., 948 A.2d 889, 2008 WL 2020358 (Pa. Ct. App. 2008).

Opinion

948 A.2d 889 (2008)

Joel PHILLIPS, Lashawana Stewart, and Maral L. Taylor, Petitioners,
v.
The COMMONWEALTH of Pennsylvania STATE TAX EQUALIZATION BOARD, Respondent.

No. 349 M.D. 2007

Commonwealth Court of Pennsylvania.

Argued February 13, 2008.
Decided May 13, 2008.

*890 John M. Silvestri, Pittsburgh, for petitioners.

Amy C. Foerster, Sr., Deputy Attorney General, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Before the Court are the preliminary objections filed by the State Tax Equalization Board (Board) in response to a Petition for Review in the Nature of a Complaint in Equity (Complaint) filed by Joel Phillips, Lashawana Stewart and Maral L. Taylor (collectively, Taxpayers) addressed to this Court's original jurisdiction. Taxpayers assert that the Board did not use statistically acceptable techniques to calculate the 2006 common level ratio for Allegheny County, in violation of Section 16.1(b) of the Act of June 27, 1947(Act), P.L. 1046, as amended, 72 P.S. § 4656.16a(b).[1] Because we conclude that *891 an objection to the methodology for calculating the common level ratio must be heard, first, by the Board, we transfer this matter to the Board.[2]

The facts are not in dispute. Taxpayers own property located in Allegheny County. Phillips and Stewart have filed real estate tax assessment appeals with the Allegheny County Board of Property Assessment, Appeals and Review for tax year 2007. Taylor also has filed a real estate tax assessment appeal for two tax years, 2006 and 2007. So long as Taxpayers appeals are pending, they will cover every assessment made subsequent to the filing of their appeals.[3]

In their complaint to this Court, Taxpayers allege that the Boards calculation of the 2006 common level ratio for Allegheny County used a mean ratio, which tends to result in an upward bias if outlying data are not removed before calculating the mean.[4] Taxpayers allege that this adjustment of the data was not done, causing "unacceptable regressivity with the higher end of the value range of the assessment role being under-assessed while real estate assessed at the lower end of the value range . . . is over assessed" with "such a level of non-uniformity that a revaluation of Allegheny County is warranted to prevent unfairness due to a lack of uniformity." Complaint, ¶ 14. Taxpayers contend that the only statistically acceptable techniques are those recommended by the International Association of Assessing Officers in their Standard on Ratio Studies. According to Taxpayers, the Board should have used the median ratio.[5] Using the *892 median ratio would produce a common level ratio for Allegheny County of 81.3 percent, as opposed to the 87.3 percent common level ratio promulgated by the Board. Taxpayers filed an identical complaint with the Board, but it was dismissed.[6]

Taxpayers also assert in their complaint that until this issue is resolved, they cannot effectively pursue their tax assessment appeals pending with the Allegheny County Board of Assessment Appeals. They also assert they have no adequate remedy at law because under the Boards regulations, only school districts may object to the common level ratio adopted in any particular year for a particular county.

In response, the Board filed preliminary objections, seeking the complaints dismissal. First, the Board argued that the complaint did not present an issue ripe for review because the common level ratio challenged by Taxpayers has no application to their 2006 and 2007 real estate assessments; it will affect their 2008 assessment but that annual assessment had not even been issued at the time Taxpayers filed their complaint. Second, the Board argued that Taxpayers complaint did not state a cause of action because the methodology used to calculate the common level ratio is the same in every county, defeating Taxpayers lack of uniformity claim. Further, the statistical techniques advanced by the International Association of Assessing Officers are, at best, advisory and in no way binding on the Board. Third, the Board argued that Taxpayers have a full remedy to challenge their assessments in an appeal to the Allegheny County Board of Assessment Appeals. Finally, the Board asserted that because the complaint failed to attach a writing, i.e., Taxpayers' 2006 and 2007 assessment appeals, the complaint should be dismissed.[7]

The threshold question here is whether this Court has subject matter jurisdiction over Taxpayers' complaint.[8] Section 16.1(c) of the Act provides, in pertinent part, as follows:

Any political subdivision or taxpayer aggrieved by any finding, conclusion or any method or technique of the Board *893 made pursuant to this section may, in writing, state objections thereto and may appeal de novo such ratio determination to the Commonwealth Court. After receiving any objections, the board may grant a hearing and may modify or adjust its findings and computations as it shall appear proper.

72 P.S. § 4656.16a(c) (emphasis added).[9] Section 16.1(c) grants a taxpayer the right to present objections to the Board, if aggrieved by its "method or technique" for calculating the common level ratio. The Board may hold a hearing to consider the objections, but it may also decide the objections have merit and adjust its calculations. If not satisfied with the outcome of the hearing, the taxpayer may "appeal de novo such ratio determination to the Commonwealth Court." Id.

It has long been established that "[w]here a remedy is provided by an act of assembly, the directions of the legislation must be strictly pursued and such remedy is exclusive." Lurie v. Republican Alliance, 412 Pa. 61, 63, 192 A.2d 367, 369 (1963).[10] This Court has explained that "where a statutory remedy exists, it is exclusive unless the jurisdiction of the courts is preserved thereby." Lashe v. Northern York County School District, 52 Pa.Cmwlth. 541, 417 A.2d 260, 264 (1980) (emphasis added) (holding that a litigant could not avoid the procedure prescribed by statute in favor of a class action in equity). Where the statutory remedy is an administrative remedy, a court lacks jurisdiction. Lilian v. Commonwealth, 467 Pa. 15, 18, 354 A.2d 250, 252 (1976). The existence of the statutory remedy in Section 16.1(c) of the Act for resolving objections to the Board's methodology for calculating the common level ratio precludes this Court from proceeding with Taxpayers' complaint.

The Judicial Code directs that where a complaint is initiated in a court that lacks jurisdiction, it should be transferred to the proper tribunal and treated as if filed in the tribunal on the same date it was filed, incorrectly, with the court. Section 5103(a) of the Judicial Code states as follows:

If an appeal or other matter is taken to or brought in a court

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Related

Lurie v. Republican Alliance
192 A.2d 367 (Supreme Court of Pennsylvania, 1963)
Lilian v. Commonwealth
354 A.2d 250 (Supreme Court of Pennsylvania, 1976)
Barner v. BD. OF SUPV., S. MIDDLETON T.
537 A.2d 922 (Commonwealth Court of Pennsylvania, 1988)
Phillips v. Commonwealth, State Tax Equalization Board
948 A.2d 889 (Commonwealth Court of Pennsylvania, 2008)
Lashe v. Northern York County School District
417 A.2d 260 (Commonwealth Court of Pennsylvania, 1980)

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948 A.2d 889, 2008 WL 2020358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-com-state-tax-equal-bd-pacommwct-2008.