CLEARFIELD – The Clearfield County Solicitor Kim Kesner has filed preliminary objections to points in a lawsuit filed against the Clearfield County Commissioners and the Clearfield County Board of Assessment Appeals.
It was announced earlier this month that a lawsuit had been filed against the above defendants by David W. Fox and on behalf of a Committee of Concerned Citizens. The lawsuit it seeks “a declaration of the defendants’ unconstitutional assessment and taxation of real property … due to a lack of uniformity and fairness in taxation. This action also seeks to have (the court) compel the defendants to conduct a county-wide reassessment of all properties in Clearfield County for taxation purposes.”
The lawsuit claims that Fox’s property is being taxed at a higher percentage of the fair market value than other properties throughout the taxing area.
Kesner filed four objections. The first objected to legal insufficiency of pleading in the lawsuit. The objection states that Fox filed his lawsuit “on behalf of a Committee of Concerned Citizens”, none of whom are identified. It furthers that the complaint does not comport with the Rules of Civil Procedure that govern class actions.
“Without such compliance, the designation of David W. Fox in the caption as a representative of a “Committee of Concerned Citizens” and averment contained in paragraph one of his status as a representative ‘of a Committee of Concerned Citizens’ are legally immaterial and must be struck.”
The second objection is a failure to exercise or exhaust a statutory remedy. In this objection, Kesner states that Fox has failed to exhaust the adequate statutory remedy.
Among other items, the third objection states a legal insufficiency of a pleading. Kesner states that the lawsuit contains “no allegation of actual empirical studies or statistical proofs prepared by plaintiff or available to plaintiff by demonstrating disparities in actual assessments.
The fourth objection is a lack of conformity to law or rule of court and inclusion of impertinent matter. It states that Fox’s complaint impermissibly contains as an exhibit evidentiary material. It further states later that “Exhibit A to Plaintiff Fox’s complaint constitutes legally impertinent matter which must be struck.
Kesner’s filing asks the judge to dismiss Fox’s complaint.
Kesner’s filed objections on behalf of the commissioners and Assessment Appeals Board is available at the Clearfield County Prothonotary’s Office.