We have just witnessed the County Council President, who is sworn to obey and defend the Pennsylvania Constitution, call for the Legislature and Governor to overturn a Supreme Court ruling. And not even on the grounds that the Supreme Court ruling is unconstitutional but on the grounds that Allegheny County is being negatively impacted by the ruling-while presenting no evidence that the County is being harmed.
Such a capricious legislative overturning of a Supreme Court ruling would throw the state into a constitutional crisis. If allowed to stand this precedent would undermine and possibly destroy any semblance of a separation and balance of governmental powers with terrible consequences for the Commonwealth.
What is the Council President seeking to have overturned? He is seeking the overturn of the Court decision requiring Allegheny County to reassess properties because of the enormous inequities and errors in current valuations.
After fighting reassessment for six years through one delaying tactic after another, the Council President is obviously heavily invested in maintaining the status quo. But that battle has been fought and lost in several court rulings dating back to 2006. He now claims that reassessments will lead to a less competitive environment in Allegheny County. On what does he base such an argument? That taxes will rise? They are already rising in many County municipalities and school districts despite the assessment freeze in place. These tax rate increases are simply exacerbating the effect of the assessment inequities currently in place. What’s worse, the inequities have widened over time as market forces lead to sales prices and volume that reward the under assessed and punish accurately and over assessed properties.
Tax rates in school districts in surrounding counties have also risen despite their base year property assessment systems. The Councilman seems to have trouble with the reality that it is government expenditure increases driving tax hikes.
The local court has ruled against the County’s unfair assessments for years. The Supreme Court concurred and ordered a reassessment. The Supreme Court in its ruling left the door open for property owners in all counties to sue their county governments if they believe its base year assessment is creating serious inequities. Allegheny County has not been singled out by the Court. It was the county being sued in the case that was before them. The Court decision has opened the door to a viable remedy for other counties if property owners feel sufficiently aggrieved to take the county to court over the assessment system.
By asking the Governor and Legislature to overturn the Supreme Court ruling the Councilman has proposed yet another action in a long running series of Council actions that flout the Constitution and laws of the state of Pennsylvania as well Common Pleas Court decisions.
