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Jordan v. Fayette County Board of Assessment Appeals

In class action suit challenging assessment methods used in Fayette County, order sustaining preliminary objections to the action and dismissing the action affirmed; trial court properly sustained the preliminary objections to taxpayers' Section 1983 claim because there are state law remedies that adequately address taxpayers' interest in obtaining redress for payment of excess taxes.

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Argued: May 9, 2001

This is an appeal from the order of the Court of Common Pleas of Fayette County sustaining preliminary objections to a class action suit challenging the assessment methods used in Fayette County. Plaintiffs/appellants are taxpayers Patsy J. Jordan, his wife Melody K. Jordan, and Linda Lutes.

Taxpayers commenced this action by complaint filed against the County, the County’s Board of Assessment Appeals (Board) and Assessor’s Office, the Fayette County Commissioners in their capacity as members of the Board, and James A. Hercik in his capacity as Chief Assessor. Taxpayers aver that the Assessor’s Office and the Board have assessed properties purchased or improved since the mid-1970s using a method different from that used on other properties which have not been purchased or improved since that time. Taxpayers claim that this use of different assessment methods has created non-uniform assessments on real property and has caused owners of recently purchased or improved properties to pay a disproportionate share of property taxes. Taxpayers allege that the defendants concealed their use of different assessment methods, preventing taxpayers from being able to discover their injury.

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