Vol. LVII Allentown, PA Friday, March 24, 2017 No. 39 1 THE COURT The Hon. Edward D. Reibman, President Judge The Hon. Carol K. McGinley, Judge The Hon. Robert L. Steinberg, Judge The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge The Hon. Michele A. Varricchio, Judge The Hon. Douglas G. Reichley, Judge The Hon. Daniel K. McCarthy, Judge LEHIGH LAW JOURNAL (USPS 309560) Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY 1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org MICHELLE M. FORSELL, President SARAH M. MURRAY, President-Elect JAMES J. KOZUCH, Vice President ROBERT P. DADAY, Secretary BUDDY M. LESAVOY, Treasurer SUSAN G. MAURER, Historian THOMAS F. TRAUD, JR., Law Journal Committee RAY BRIDGEMAN, Executive Director GRAIG M. SCHULTZ, Case Editor Copyright © 2017 Bar Association of Lehigh County The Lehigh Law Journal is published every Friday. 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Walnut St., Allentown, PA 18102. 2 ~HECTOR ROSADO Y ORQ HACHE~ Saturday, May 6th, 2017 10PM-12PM Hector Rosado brings his Latin jazz salsa group back to Allentown Jazz Fest for a late night salsa dance party! Tickets are $10 in advance/$15 at the door. www.allentownjazzfest.org 21 years of age and older. 1114 Walnut Street Allentown, PA, 18102 3 4 5 ATTORNEY DISCIPLINARY / ETHICS MATTERS Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct James C. Schwartzman, Esq. Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year” 1818 Market Street, 29th Floor, Philadelphia, PA 19103 (215) 751-2863 The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty 6 LEGAL ASSISTANT City of Bethlehem Law Bureau seeks full-time paralegal with broad experience, capabilities and organizational skills to provide support to solicitor staff. Primary task is answer- ing Right to Know Law requests. Tasks also include clerical duties, correspondence, contracts preparation, insurance claims processing and special projects as assigned. Experi- ence with municipal government law and PA Right to Know Law preferred. Send resumes to City of Bethlehem Law Bureau, 10 East Church Street, Bethlehem, PA 18018 or e-mail to [email protected]. Submission deadline April 14, 2017. 3-10, 17, 24, 31 —————— NOTICE TO THE BAR Judge Michele A. Varricchio’s weekly walk-in civil motions court for Monday, May 22, 2017 is cancelled. 3-24 7 410 ANIZDA vs. City of Allentown et al. ALLENTOWN NEIGHBORHOOD IMPROVEMENT ZONE DEVELOPMENT AUTHORITY, PETITIONER vs. CITY OF ALLENTOWN, ALLENTOWN SCHOOL DISTRICT, LEHIGH COUNTY AND LEHIGH COUNTY BOARD OF ASSESSMENT APPEALS, RESPONDENTS Board of Assessment—Economic Development Financing Law—Neighborhood Improvement Zone—Tax Immunity. The Lehigh County Board of Assessment (the “Board”) determined four properties located within Allentown’s Neighborhood Improvement Zone (“NIZ”)—an arena, a retail unit condominium, and two parking decks—were subject to the imposition of real estate property taxes by the Allentown School District, the City of Allentown, and the County of Lehigh. The Allentown Neighborhood Improvement Zone Development Authority (“ANIZDA”) appealed the Board’s determination that the property was taxable and re- quested that it be deemed immune from taxation. The Board denied ANIZDA’s request for tax immunity, and an appeal to the Court of Common Pleas followed. The Court ulti- mately held that all four properties were immune from taxation because the properties fall within the geographic confines of the NIZ, and each of the properties is owned and leased by ANIZDA to promote and enhance economic development. In the Court of Common Pleas of Lehigh County, Pennsyl- vania—Civil Division. Nos. 2015-C-1488, 2015-C-1489, 2015-C- 1490 and 2015-C-1491. Allentown Neighborhood Improvement Zone Development Authority, Petitioner vs. City of Allentown, Allentown School District, Lehigh County and Lehigh County Board of Assessment Appeals, Respondents. ZACHARY J. COHEN, ESQUIRE, on behalf of Petitioner. SCOTT C. HOLBERT, ESQUIRE, on behalf of Respondent City of Allentown. RAYMOND P. WENDOLOWSKI, JR., ESQUIRE, on behalf of Re- spondent Allentown School District. LUCAS J. REPKA, ESQUIRE, on behalf of Respondents Lehigh County and Lehigh County Board of Assessment Appeals. MEMORANDUM OPINION REICHLEY, J., May 20, 2016. This matter comes before the Court as an appeal by the Allentown Neighborhood Improvement Zone Development Authority from a determination by the Lehigh County Board of Assessment Appeals on May 1, 2015 that four 8 Lehigh 7-17 op ANIZDA vs. City of Allentown et al. 411 properties are subject to the imposition of property taxes imposed by the Allentown School District, the City of Allentown, and Lehigh County. The properties are located at 701, 701-4, 701-5, and 701- 7 West Hamilton Street, Allentown, Pennsylvania. Respectively, these properties constitute an arena, two separate parcels that constitute two parking decks, and a separate condominium parcel that is leased to two privately operated restaurants adjacent to the arena property. FACTUAL AND PROCEDURAL HISTORY These four properties are located within the geographical contours of what is designated as the Allentown Neighborhood Improvement Zone by legislation enacted in 2011. The arena constitutes the centerpiece of an urban redevelopment initiative in Allentown, and has been promoted as a catalyst for other eco- nomic redevelopment in the downtown Allentown area. The park- ing decks are adjacent to and contiguous with the arena and the restaurant parcels. The parking decks are open to not only patrons of the arena and the restaurants, but for the convenience of anyone patronizing the downtown Allentown area. The Allentown Neighborhood Improvement Zone Authority (ANIZDA) oversees the Neighborhood Improvement Zone (NIZ). This body was created under the language of the Economic De- velopment Financing Law, 73 P.S. §371 et seq., otherwise referred to as the Financing Law. The ANIZDA was crafted as the succes- sor to the Allentown Commercial and Industrial Development Authority (ACIDA). The ANIZDA was authorized by statute to finance and monitor economic development within a district of 128 non-contiguous acres located in the downtown area and along the riverfront in Allentown. See 72 P.S. §1901-B et seq. (NIZ law). Under the Financing Law, the ANIZDA was created for the purpose of “acquiring, holding, constructing, improving, maintain- ing, owning, financing, and leasing, either in the capacity of lessor or lessee, [development] projects.” 73 P.S. §376(a). The Financing Law further directs the ANIZDA shall “promote the use of urban and commercial centers by, among other things, providing parking, convention, tourism, recreational and sports facilities.” 73 P.S. §372.1(10). 9 Lehigh 7-17 op 412 ANIZDA vs. City of Allentown et al. On February 8, 2012 Mayor Edwin Pawlowski endorsed the Articles of Incorporation establishing ANIZDA. These Articles of Incorporation were filed with the Pennsylvania Department of State on March 23, 2012, and the Certificate of Incorporation was granted on the same date. Within the Articles of Incorporation (attached as Exhibit 1 to the Stipulated Facts filed by the parties on March 4, 2016), it states under paragraph (c): The Authority shall have all the powers and authority granted to an industrial and commercial development author- ity pursuant to the Financing Law, which shall include but shall not be limited to acquiring, holding, constructing, im- proving, maintaining, owning, financing, and leasing, either in the capacity of lessor or lessee, industrial, specialized or commercial development projects and serving as successor to the Allentown Commercial and Industrial Development Authority (ACIDA) for purposed [sic] of administering, pro- viding financing for and undertaking all other activities re- lated to the Allentown Neighborhood Improvement Zone (NIZ) established pursuant to the law governing Neighbor- hood Improvement Zones ... In its role as successor to ACIDA for purposed