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Commonwealth Court orders expedited briefing and hearing schedule in Allegheny County common level ratio appeal

Authors

Dusty Elias Kirk,
Mathew Morella
Today, the Commonwealth Court (the “Court”) granted an application for an expedited briefing and hearing schedule in the appellate case of Gioffre M. et al. v. School District of Pittsburgh that is on appeal from an Order issued by Judge Hertzberg setting the Allegheny County common level ratio at 63.53 for 2022. In November 2022, we reported that the School District of Pittsburgh appealed Judge Hertzberg’s Order, leaving Allegheny County taxpayers in legal limbo over the correct common level ratio to apply in pending tax appeals.

In the Court’s order today, it noted that there are nearly 10,000 property tax appeals pending before Allegheny County’s Board of Property Assessment, Appeals and Review, and that a substantial majority of these appeals cannot be resolved until the common level ratio issue is resolved.

The Court ordered the School District of Pittsburgh to file its brief on or before February 7, 2023, and directed Gioffre and the other taxpayers who are parties in this case to file their response briefs within twenty (20) days of the School District’s filing. The Court also directed oral argument for the appeal to be scheduled for the Court’s April 2023 argument session in Harrisburg.

Today’s order brings some clarity to those awaiting the Court’s decision. Typically, cases on appeal take several months if not years to resolve. The Court’s order signals that a resolution may come sooner than expected. Unfortunately, a decision will come after March 31, 2023, the filing deadline for real estate assessment appeals for 2023 in Allegheny County. Allegheny County will face another onslaught of appeals as both property owners and taxing jurisdictions may choose to file another appeal for 2023 without a decision that may affect values of properties going forward.

The Reed Smith Pittsburgh Real Estate Group is following this litigation closely and will report back with further updates. In the meantime, if you need assistance defending a 2022 or 2023 appeal or would like us to evaluate initiating a 2023 appeal, please contact a member of our team.

Newsflash 2023-017

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