Wesleyville Borough v. Erie County Board of Assessment Appeals

29 Pa. D. & C.4th 242, 1995 Pa. Dist. & Cnty. Dec. LEXIS 45
CourtPennsylvania Court of Common Pleas, Erie County
DecidedAugust 18, 1995
Docketno. 16275-1994
StatusPublished

This text of 29 Pa. D. & C.4th 242 (Wesleyville Borough v. Erie County Board of Assessment Appeals) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wesleyville Borough v. Erie County Board of Assessment Appeals, 29 Pa. D. & C.4th 242, 1995 Pa. Dist. & Cnty. Dec. LEXIS 45 (Pa. Super. Ct. 1995).

Opinion

LEVIN, J,

Before the court is an appeal by Wesleyville Borough from the decision of the Erie County Board of Assessment Appeals denying their application for exemption from real estate taxes at 3921 Buffalo Road. Since the property is owned by the municipality and used by the lessee as a facility for a district justice, Wesleyville claims that the property is not taxable.

On April 3, 1995, this court granted leave to the Borough of McKean to intervene in the instant appeal. Intervention was granted since McKean is similarly situated to the appellant and the court’s decision would be determinative of the taxable status of the McKean property.1 Moreover, all parties consented to the intervention.

The parties have stipulated to the relevant facts, which stipulations are attached to this opinion and hereby incorporated by reference. Briefly, both Wesleyville and McKean are municipalities that separately own real estate that is leased to the County of Erie. Wesleyville rents its property to the county for use by a district justice as a courtroom, offices and waiting area. McKean rents a portion of their borough hall for identical use by another district justice, while the remainder of its building is used for municipal offices. Both leases2 pro[244]*244vide, in relevant part, that: (1) the taxes shall be paid by the lessor; (2) the lease shall be terminated upon the death, disability or removal of the district justice; and (3) subleasing or assignment is not allowed.

The issue before the court is whether real estate owned by a municipality and leased to the county government, solely for use as a hearing room and offices of a district justice, is subject to local property taxation. Inasmuch as the parties have stipulated to all the relevant facts and the only determination to be made is one of law, the matter is ready for disposition by the court.

Wesleyville and McKean argue that the issue is properly cast as one of tax immunity, not exemption:

“Unlike property owned by a charity wherein the charity has the burden of proving its property is exempt from taxation, property owned by a municipality and devoted exclusively to public purposes is immune from any form of taxation or assessments unless a statute clearly and unequivocally expresses the legislative will that such property shall not be immune: . . . Property belonging to the state and its municipalities, and which is held for governmental purposes, is presumed to be exempt, and is not included in any designation of property to be taxed, however sweeping, unless the statute authorizing the tax expressly so provides.” Southwest Delaware County Municipal Authority v. Aston Township, 413 Pa. 526, 531-32, 198 A.2d 867, 870-71 (1964). (citations omitted)

Although the municipalities have presented a cogent argument that the board has no authority to tax the municipal property, the court need not reach the issue of whether the property is immune or exempt from [245]*245taxation. Even if the burden was on the municipalities to prove entitlement to tax exemption, they have met that burden.

Article 8, Section 2 of the Constitution of Pennsylvania provides, in relevant part, that “the General Assembly may by law exempt from taxation . . . (iii) that portion of public property which is actually and regularly used for public purposes.” The legislature has codified exemptions for all courthouses and all other public property used for public purposes. 72 P.S. §5020-204(a)(5) & (7).3 Further, in the General Municipal Law, the legislature has provided that “[a]ll property owned by any county, ... or other municipality . . . shall not be subject to tax or municipal claims . . . except for [sewer, nuisance and paving claims].” 53 P.S. §7108.

It is a judicial question as to whether the use is public and hence entitled to exemption. Dornan v. Philadelphia Housing Authority, 331 Pa. 209, 200 A. 834 (1938); McSorley v. Fitzgerald, 359 Pa. 264, 59 A.2d [246]*246142 (1948). Normally, the burden is on the landowner to establish an entitlement to a tax exemption. Point Park Junior College v. Board of Property Assessment, Appeals and Review of Allegheny County, 23 Pa. Commw. 367, 351 A.2d 707 (1976). However, when determining the taxable status of municipally owned property, which is used for public purposes, the burden is shifted to the taxing body.

The board contends that Wesleyville and McKean do not qualify for exemption under 72 P.S. §5020-204. Specifically, the board argues that the properties do not qualify as public property used for public purposes or courthouses. In addition, the board claims that even if the properties so qualify, the municipalities’ failure to occupy the premises and receipt of rent renders the property taxable. 72 P.S. §5020-204(b) & (c).

As to the board’s first argument that the properties do not qualify as public property used for public purposes, the board has cited case law which suggests that this exception is limited when a lessee is using the public property. In such a case, “the key to exemption is evidence establishing that the lessee’s use of the public property is furthering the purpose of the governmental agency from which the lessee rents the property.” Pier 30 Associates v. School District of Philadelphia, 89 Pa. Commw. 505, 512, 493 A.2d 126, 129 (1985); but see, Borough of Emporium Assessment, 42 D.&C.2d 182 (1967).

The board argues that the county’s use of the property does not further any public purpose of the municipalities, and thus under Pier 30, the property could not qualify for the tax exemption. However, the facts of Pier 30 are distinguishable. In Pier 30, the lessee was a private entity which was dependent on the lessor, a government authority, for its tax exempt status. Id. In the instant [247]*247case, both the lessor and lessee are governmental bodies. There is no doubt that if the county itself owned and used the property as a hearing room and offices for a district justice, that this would constitute public property used for a public purpose. Hence, the renting of the property from one government entity to another should not change the result where the use is a public one.

In addition, the public purpose in Pier 30 cannot compare with the one in the instant case. In Pier 30, the property was used as public tennis courts. While such facilities provide recreation for citizens, the public purpose in the instant case is mandated in our state constitution. Pennsylvania Constitution Article 5, Section 1. Thus, the important function served by district justices provides further distinction from the facts of the Pier 30 case.

As additional support for their argument that the public purpose tax exemption is limited to public property used for the public purpose of the owner, the board relies on the Borough of Emporium case. Borough of Emporium Assessment, supra. In. Borough of Emporium,

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Related

County of Allegheny v. Commonwealth
534 A.2d 760 (Supreme Court of Pennsylvania, 1987)
Dornan v. Philadelphia Housing Authority
200 A. 834 (Supreme Court of Pennsylvania, 1938)
McSorley v. Fitzgerald
59 A.2d 142 (Supreme Court of Pennsylvania, 1948)
Southwest Delaware County Municipal Authority v. Aston Township
198 A.2d 867 (Supreme Court of Pennsylvania, 1964)
Reading Municipal Airport Authority v. Schuylkill Valley School District
286 A.2d 5 (Commonwealth Court of Pennsylvania, 1972)
Point Park Junior College v. Board of Property Assessment
351 A.2d 707 (Commonwealth Court of Pennsylvania, 1976)
Pier 30 Associates v. School District
493 A.2d 126 (Commonwealth Court of Pennsylvania, 1985)

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Bluebook (online)
29 Pa. D. & C.4th 242, 1995 Pa. Dist. & Cnty. Dec. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesleyville-borough-v-erie-county-board-of-assessment-appeals-pactcomplerie-1995.