3 firms appeal tax assessments

Pepsi, E.R. Carpenter, Improved Dwellings launch court challenge against Blair commissioners

By Phil Ray, pray@altoonamirror.com
Three companies are challenging Blair County commissioners’ refusal to grant their real estate tax assessment appeals.

Records in the Prothonotary’s office show that Pepsi Bottling Group LLC and E.R. Carpenter Co., both at the Greenwood interchange of Interstate 99, Antis Township, and Williamsburg Area Improved Dwellings Inc. filed assessment appeals Monday.

The appeals will follow the normal path through the civil justice system, which means they could end up before a Blair County jury.

More appeals could be filed as the new year approaches.

Commissioner Donna D. Gority said last week that the tax appeals often are settled through negotiation between county officials and property owners.

The appeals are coming at a time when the county’s real estate tax is being stretched to the limit.

Gority and Commissioners Barry W. Wright and Terry Wagner introduced the 2008 budget a week ago that included a 30-mill levy for general purposes. The request will be reviewed at a hearing Dec. 14 before Senior Visiting Judge John Reilly of Clearfield County.

In addition, commissioners are proposing to levy 7.65 mills for debt and a half-mill for the library system and Fort Roberdeau.

That brings total millage to 38.150, or a half-mill more than the real estate tax levied for 2007.

The county expects to collect more than $21 million in real estate revenues in 2008, which is $800,000 more than this year. The additional amount will help the county balance its budget.

County Chief Assessor Mike Baldner said the real estate tax base for 2008 is $524.3 million, an increase of $3.8 million more than this year.

While the county needs money to balance its budget, the other side of the story is that many taxpayers feel their assessments are too high.

Pepsi on Ritz Road, Antis Township, claims that its assessment of $227,250 is higher than those of comparable buildings.

Pepsi’s attorney, Francis J. Hoegen of Wilkes-Barre, said the real estate tax system violates the uniformity clause of the Pennsylvania Constitution and the 14th Amendment to the U.S. Constitution.

Hoegen also is arguing that the Carpenter company’s $637,773 assessment violates the standards imposed on counties by the state Tax Equalization Board.

Attorney Louis T. Glantz of State College says Williamsburg properties should not be taxed at all because its provides housing for the poor.

The properties include 321 High St., a property between High and Plum streets, a property at Liberty and East Second Street and 229-33 High St.

The total value for tax purposes is $221,000.

Williamsburg meets the standard under Pennsylvania law to be classified as a charity, the lawsuit argued.

Mirror Staff Writer Phil Ray is at 946-7468.