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CRESCENT REALTY & INVESTMENT COMPANY TAX ASSESSMENT CASE (09/26/67)

SUPREME COURT OF PENNSYLVANIA


decided: September 26, 1967.

CRESCENT REALTY & INVESTMENT COMPANY TAX ASSESSMENT CASE

Appeal 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.

COUNSEL

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.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Eagen dissents.

Author: Cohen

[ 426 Pa. Page 576]

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.

Disposition

Order affirmed.

19670926

© 1998 VersusLaw Inc.



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