Opinion
November 28, 1966.
September 26, 1967.
Taxation — Real estate — Allegheny County — Assessment — Uniformity of assessment — Ratio of assessed value to market value — Constitution of Pennsylvania — Article IX, § 1.
Massachusetts Mutual Life Insurance Company Tax Assessment Case, 426 Pa. 566, followed.
Mr. Justice EAGEN dissented.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 4, March T., 1967, from order of Court of Common Pleas of Allegheny County, July T., 1961, No. 192, in re appeal of Crescent Realty Investment Company from triennial assessment of Board of Property Assessment, Appeals and Review of Allegheny County. Order affirmed; reargument refused October 25, 1967.
Appeal by taxpayer from tax assessment.
Assessment reduced, order by VAN DER VOORT, J. Board of Property Assessment, Appeals and Review of Allegheny County appealed.
Maurice Louik, County Solicitor, with him James Victor Voss and John F. Murphy, Assistant County Solicitors, and Francis A. Barry, First Assistant County Solicitor, for Board, appellant.
Niles Anderson, Solicitor, with him Justin M. Johnson, Assistant Solicitor, for School District of Pittsburgh, intervening appellant.
Leonard M. Mendelson, for appellee.
This is an appeal by the Board of Property Assessment, Appeals and Review of Allegheny County (Board) from a decision regarding the proper assessment of property owned by Crescent Realty Investment Company for the triennium 1960, 1961 and 1962. In this case the issues are similar to those presented in the appeal of the Board in the case of property owned by Massachusetts Mutual Life Insurance Company decided this day except that (1) an earlier triennium is involved and (2) no testimony regarding fair market value was offered by the Board.
The assessment here was $140,225; the taxpayer's two expert witnesses testified to a fair market value of $100,000 and $95,400; and the court below found the fair market value to be $100,000. It then reduced this figure to an assessment of $42,000 by application of the common level ratio of assessed value to market value found by Dr. Raymond Richman for the triennium beginning in 1960 of 42%.
The principles set forth in the Massachusetts Mutual case are equally applicable here. The order of the court below is affirmed.
Mr. Justice EAGEN dissents.