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Ametek files tax rate appeal

Nesquehoning Borough Council is opposing one area business's request to have its taxes reduced.

On Wednesday, council voted 6-0 to join with Panther Valley School District in opposing Ametek Inc.'s tax assessment appeal, which requests a $1 million reduction in the fair market value of two properties, located along Route 54 in Nesquehoning, and would equate to a $42,049.32 in reduction of taxes.Councilman Robert Marouchoc was absent.Ametek's initial request for the reduction was denied by the Carbon County Board of Assessment Appeals on Nov. 4.An appeal has been filed and the case is now scheduled for a pre-hearing conference in the chambers of Judge Joseph J. Matika on Jan. 30.Robert Yurchak, borough solicitor, told council that Panther Valley has been preparing to oppose Ametek's appeal on the decision, which was filed in the Carbon County Court of Common Pleas on Nov. 13.According to court records, Yurchak filed a praecipe, or command, to intervene on behalf of the Panther Valley School District this week.If Ametek would be successful in its appeal requesting the change in market value of the two properties, it would mean $5,165.45 less in tax revenue for Carbon County; $7,811.17 less for Nesquehoning and $29,072.70 less for Panther Valley School District.Officials speak outBefore voting to join with Panther Valley on the matter, Councilmen Don DeMarco and Frank Jacobs said the cost of a third-party appraisal to fight this appeal would be worth it."That's a lot of money," DeMarco said of the amount Nesquehoning could possibly lose if Ametek's appeal is approved. "That would be a big hit on taxes."Kenneth R. Marx Jr., Panther Valley business manager, confirmed the school district is looking to join forces with the borough and Carbon County to "procure an appraisal on the value of the property against an appeal."Commissioners' Chairman Wayne Nothstein, when asked about the county's position on the appeal, said that the commissioners have not had a chance to discuss the matter in detail, but plan to do so to see what options are available.About the appealAccording to court papers, filed by Francis J. Hoegen on behalf of Ametek, the appeal states that Ametek believes, based on an appraisal by an outside company, that the two properties in question should have a combined fair market value of $1,333,331 instead of the current assessed value of $2,813,328.The Nesquehoning-based company initially filed a tax assessment appeal form with the Carbon County Board of Assessment Appeals.A hearing on the matter was held on Oct. 2, and a decision denying the request was handed down on Nov. 4.Ametek alleges that "the increase of the assessments is improper, unsatisfactory and unlawful" for several reasons, including the assessments are "substantially higher than assessments of comparable properties in the taxing district," the assessments are "based upon an erroneous determination of the fair market value," the "value determinations of the Carbon County Board of Assessment Appeals violate the Equal Protection Clause of the 14th Amendment of the United States Constitution;" and the assessments "violate the Uniformity Clause of the Pennsylvania Constitution" and "violate the required equality of tax treatment guaranteed by the Pennsylvania Statutory and Constitutional Law."The petition also states that the assessments are discriminatory, lack uniformity and are unjust and inequitable.