The owners of The Jungle fitness gym in Schuylkill Haven asked Schuylkill County Court on Wednesday to lower the fair market and assessed values of the property.
In a three-page appeal, Barton R. III and Robin L. Biever, Schuylkill Haven, alleged that the 18-20 E. Main St. property has a much lower fair market value than the $212,990 figure reached on Sept. 5 by the county Board of Assessment Appeals.
"The ... property has a fair market value well below that determined by the Board," according to the appeal.
The Bievers asked the court to hold a hearing and lower the fair market and assessed values of the property.
If the court does so, it would mean lower property tax bills for the Bievers and lower property tax receipts for the county, borough and Schuylkill Haven Area School District.
Although the 0.32-acre property has only one use, it legally consists of two tax parcels. 18 E. Main St. and 20 E. Main St. The board ruled their fair market values are $101,010 and $111,980, respectively; the assessed value, which is used to compute tax bills, on each is 50 percent of the fair market value.
In their appeal, the Bievers alleged that the board wrongly refused to lower the property's fair market value in spite of the fact that they bought it for less than that amount.
"The Board failed to consider this evidence, which is valid evidence of the Fair Market Value," the appeal reads in part.
Furthermore, the Bievers bought the property from an independent third party, according to the appeal.
"The County repeatedly permits school districts to use the purchase price in the Deed as the Fair Market Value to increase tax but in this case erroneously disallowed it," the appeal reads in part.
Alternatively, the Bievers alleged that the decision was wrong because it imposes an excessive tax burden on them, was arbitrary and capricious and violates the Pennsylvania Constitution because it lacks uniformity and is otherwise discriminatory.
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