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ALBERT A. SAVKO AND OLGA SAVKO v. BOARD PROPERTY ASSESSMENT (09/24/87)

decided: September 24, 1987.

ALBERT A. SAVKO AND OLGA SAVKO, HIS WIFE, APPELLANTS
v.
BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW OF ALLEGHENY COUNTY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Albert A. Savko and Olga Savko, his wife v. Board of Property Assessment, Appeals and Review of Allegheny County, No. G.D. 83-10533.

COUNSEL

David C. Martin, Jr., Esq. Arthur J. Murphy, Jr., Esq., SOLICITOR FOREST HILLS, Thomas Rutter, Esq. SOLICITOR, WOODLAND HILLS SCHOOL DISTRICT, James J. McLean, Esq.; for APPELLANT.

James J. Dodaro, Esq., John Silvestri, Esq., Handsel B. Minyard, Esq., Carl Oxhoom, III, Esq., Francine T. Boone, Esq.; for APPELLEE.

Opinion by President Judge Crumlish, Jr. Concurring and Dissenting Opinion by Judge Colins. Judge MacPhail and Judge Doyle join.

Author: Crumlish

[ 109 Pa. Commw. Page 540]

On March 5, 1987, we entered an Order*fn1 granting reargument of our October 16, 1986 Opinion and Order in this matter. Savko v. Board of Property Assessment, 109 Pa. Commonwealth Ct. 531, 516 A.2d 107 (1986). In Savko, we held that the Allegheny County Common Pleas Court lacked jurisdiction to direct statutory tax assessment appeals to arbitration because Section 518.1

[ 109 Pa. Commw. Page 541]

    of the General County Assessment Law*fn2 requires that such appeals be exclusively heard de novo before a common pleas court. After reconsideration of that conclusion, we vacate our decision.

Sections 7361 and 7362 of the Judicial Code govern arbitration of civil matters before the courts of this Commonwealth, 42 Pa. C.S. ยงยง 7361, 7362. Courts are permitted by Section 7361(a) to promulgate general rules or rules of court*fn3 to require compulsory arbitration of certain matters. Limitations to this authority are found in Section 7361(b). Our Supreme Court, through Pa. R.C.P. Nos. 1301-1313, established rules regulating compulsory arbitration matters.

Pursuant to these constraints, Allegheny County Common Pleas Court on May 15, 1981, promulgated Local Rule 1301, which for our purposes states:

*(1) The following civil actions, proceedings and appeals or issues therein where the demand is for $10,000.00 or less (exclusive of interest and costs) shall first be submitted to and heard by a board of three members of the bar of the court:

(e) Matters transferred to compulsory arbitration by the court even though the original demand may have exceeded $10,000.00 (exclusive of interest and costs).

*(2) Actions, proceedings appeals or matters other than those set forth in *1 shall not be submitted to, transferred by a court to, heard by or determined by a Board of ...


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