noting that commercial property values are “generally higher than those of single-family homes”
How later courts described this case
- noting that commercial property values are “generally higher than those of single-family homes”
Written by the judges who cited it.
The opinion
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
DOWNINGTOWN AREA SCHOOL DISTRICT : No. 45 MAP 2024
:
: Appeal from the Order of the
v. : Commonwealth Court at No. 92
: CD 2022 dated October 6, 2023,
: Reversing the Order of the
CHESTER COUNTY BOARD OF : Chester County Court of Common
ASSESSMENT APPEALS : Pleas, Civil Division, at No. 2019-
TAX PARCEL NO.: 33-5-43.3 : 11728-AB dated January 18, 2022
:
: ARGUED: September 11, 2025
APPEAL OF: DOWNINGTOWN AREA :
SCHOOL DISTRICT :
DOWNINGTOWN AREA SCHOOL DISTRICT : No. 46 MAP 2024
:
: Appeal from the Order of the
v. : Commonwealth Court at No. 93
: CD 2022 dated October 6, 2023,
: Reversing the Order of the
CHESTER COUNTY BOARD OF : Chester County Court of Common
ASSESSMENT APPEALS : Pleas, Civil Division, at No. 2019-
TAX PARCEL NO.: 33-5-43.2 : 11727-AB dated January 18, 2022
:
: ARGUED: September 11, 2025
APPEAL OF: DOWNINGTOWN AREA :
SCHOOL DISTRICT :
DISSENTING OPINION
JUSTICE DONOHUE DECIDED: May 19, 2026
The Majority’s opinion runs counter to the bedrock principles of uniformity and
undermines this Court’s precedent. Accordingly, I dissent. 1
1 I also join Justice Dougherty’s dissenting opinion in full.
The Uniformity Clause provides that “[a]ll taxes shall be uniform, upon the same
class of subjects, within the territorial limits of the authority levying the tax, and shall be
levied and collected under general laws.” PA. CONST. art. VIII, § 1. In Valley Forge Tower
Apartments v. Upper Merion School District, 163 A.3d 962 (Pa. 2017), we held that,
pursuant to the Uniformity Clause, a school district’s policy of selectively reassessing
commercial properties violated the Pennsylvania Constitution, reaffirming that “all
property must be taxed uniformly ... throughout the taxing jurisdiction.” Id. at 977, 980.
Thus, such reassessment policies must not be directed by “the type of property in
question or the residency status of its owner.” Id. at 979. We explained that taxing
entities’ objectives should not be limited solely to generating necessary revenues; they
must also ensure that taxes are imposed equitably. Id. Accordingly, we reasoned that
“[w]here there is a conflict between maximizing revenue and ensuring that the taxing
system is implemented in a non-discriminatory way, the Uniformity Clause requires that
the latter goal be given primacy.” Id. at 980. However, the Majority has instead decided
to invert that principle, setting revenue maximization above the mandates of our
Constitution.
We recognized in Valley Forge that taxing entities must use and acquire public
funds wisely to “obtain[] needed revenues” to support important objectives; however, we
stressed that “[t]he government must be concerned with ensuring a rough equalization of
tax burdens under a structure in which taxes are imposed, adjusted, and collected
equitably.” Id. at 979. This means that while taxation may not always be perfectly
equitable across all subclasses of realty, the policies of a taxing entity must be to
effectuate as equitable a system of taxation as possible. See Clifton v. Allegheny Cnty.,
969 A.2d 1197, 1212 (Pa. 2009) (“Taxation, however, is not a matter of exact science;
hence absolute equality and perfect uniformity are not required to satisfy the constitutional
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 2
uniformity requirement. Some practical inequalities are obviously anticipated, and so long
as the taxing scheme does not impose substantially unequal tax burdens, rough
uniformity with a limited amount of variation is permitted.”) (citations omitted). Thus, we
recognized that the “two objectives do not necessarily conflict.” Valley Forge, 163 A.3d
at 980. That is not to say that the conflict does not exist—our rationale clearly states
otherwise—but rather that in practice the conflict will arise. When this conflict between
inequitable taxation and revenue generation goes too far, the resolution is clear—we
follow our Constitution. In other words, when business decisions to maximize revenue
are given more weight than the goals of the Uniformity Clause, a taxing policy is patently
unconstitutional. Id. at 980. Unfortunately, ignoring our stated prioritization, the Majority’s
takeaway from Valley Forge is simply that “maximizing revenue and ensuring non-
discriminatory implementation of the taxing system do not necessarily conflict[.]” Majority
Op. at 10 n.11. Thus, the Majority is of the mind that there is no conflict between these
two goals. Its rationale supports the notion that so long as a taxing entity is seeking to
maximize revenue, however they do so is effectively irrelevant.
According to the Majority, there is no indication that the School District “was
motivated to appeal the subject property because of its type, usage, or where its new
owner lived; rather, it was a transparent attempt to obtain more tax money by
conforming the property’s assessment to the [common-level ratio (‘CLR’)].” Majority Op.
at 21 (emphasis added). While the Majority may be correct that this is the practical
“purpose of Section 8855[,]” 2 id., the “statutory right to appeal assessments … alone
2 Section 8855 provides:
A taxing district shall have the right to appeal any assessment
within its jurisdiction in the same manner, subject to the same
procedure and with like effect as if the appeal were taken by
a taxable person with respect to the assessment, and, in
addition, may take an appeal from any decision of the board
(continued…)
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 3
cannot justify action which the Uniformity Clause prohibits.” Valley Forge, 163 A.3d at
978. Thus, a tax policy cannot solely be intended for the purpose of maximizing revenue
regardless of the consequences. If that were the case, then this Court would never have
found any taxing policy in violation of the Uniformity Clause. But the Majority has seen fit
to approve any taxing scheme if the taxing entity seeks to maximize revenue and does
not publicize its intention to only seek reassessment of those properties that will provide
the government with the most money.
In discussing the methodology of the School District’s consultant, the Majority
endorses the practice of “maximiz[ing] the return” so long as the properties selected for
reassessment are those “expected to yield the greatest collective return to the school
district.” Majority Op. at 23. The simplest way to do this, of course, would be to only
reassess those properties of the highest value. It comes as no surprise that commercial,
industrial, and apartment complex properties are all higher value properties compared to
single-family residential properties. 3 Valley Forge, 163 A.3d at 966 (noting that
commercial property values are “generally higher than those of single-family homes”).
The Majority recognizes precisely this fact. See Majority Op. at 27. In explaining why
only commercial properties have been reassessed under the School District’s policy, the
Majority notes that this is “due to the value of such properties,” but “[i]f market forces
change so that single-family residences rise in value compared to commercial properties,
or court of common pleas as though it had been a party to the
proceedings before the board or court even though it was not
a party in fact. A taxing district authority may intervene in any
appeal by a taxable person under section 8854 (relating to
appeals to court) as a matter of right.
53 Pa.C.S. § 8855.
3 For ease of reference, I shall hereinafter refer to commercial, industrial, and apartment
complex properties collectively as “commercial properties.”
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 4
it is expected that more residential properties will be appealed at that juncture[.]” Id. at
26-27. The likelihood of the market value of the typical single-family residence increasing
to a valuation comparable to that of commercial properties is effectively non-existent.
Thus, under the Majority’s revenue maximization justification, single-family residences
could never be reassessed, and this would satisfy the Majority’s understanding of the
Uniformity Clause. 4
4 The Majority explains that by relying on monetary thresholds—both in this case and in
GM Berkshire Hills v. Berks County Board of Assessment Appeals, 290 A.3d 238 (Pa.
2023)—taxing entities have identified single-family residential properties. Majority Op. at
31 n.32. To the Majority, this puts its holding with respect to revenue maximization and
monetary thresholds on safe ground. While I am of the position that significantly fewer
single-family residences will be capable of generating sufficient revenue to meet the
instant monetary threshold if they are even reviewed, this is not my principal concern with
the Majority’s holding. First and foremost, for the reasons set forth in Justice Dougherty’s
dissenting opinion, I agree that the School District’s monetary threshold is
unconstitutional. Dissenting Op. at 3-11 (Dougherty, J., dissenting). It could “easily serve
as [a] method[] of circumventing our holdings, in cases such as Clifton and Valley Forge
Towers, as [it] could be set at amounts that would largely target only certain
neighborhoods” or subclasses of property. G.M. Berkshire, 290 A.3d 238, 253 n.5 (Pa.
2023) (Donohue, J., Opinion in Support of Reversal). Even if “one residence is appealed”
in a given tax year, that will not necessarily square a taxing policy with the Uniformity
Clause. Majority Op. at 31 n.32. When the methodology is unconstitutional, the result is
irrelevant.
My principal concern is the Majority’s holding that tax policy decisions can be driven solely
by the government’s desire to maximize revenue. This renders monetary thresholds
completely irrelevant. See infra pp. 6-7. By setting revenue maximization as the goal, all
that matters is the actual value of the properties themselves, not whether it can reach a
fictitious monetary threshold. Because the value of commercial properties are generally
much higher than the average single-family residence, the Majority’s methodology
ensures that single-family residential properties will never be selected for reassessment.
We see this borne out in the instant case. Despite single-family residences comprising
84.2% of all properties in the jurisdiction, see infra p. 7 & note 5—and, as the Majority
highlights, there may have at least “thirty single-family residences that met the $10,000
threshold,” Majority Op. at 31 n.32—no such properties were appealed. That is because
when the policy is revenue maximization, the government is bound to select the highest
value properties.
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 5
The Majority fully acknowledges that the School District’s policy resulted in zero
appeals of residential properties in the relevant tax year. Id. at 27 (observing that no
residential properties were appealed in the “tax year 2020”). Under this same policy, in
fact, we only have a reference to a single other instance of a residential property being
reassessed “a number of years ago.” N.T., 6/2/2021, at 18. That appeal was notable to
the president of the School District’s board at the time, as it “surprised” her that a
residential property could generate $10,000 more in revenue. See id. at 20 (“[F]rom my
perspective, I was surprised the house could generate that much more in revenue.”). The
Majority has no problem with this result because, in its view, the result of a policy is
irrelevant to the Uniformity Clause. All that matters is that a taxing entity does not publicly
state its policy to subject a subclass of property to differential treatment. Majority Op. at
29 (“The Uniformity Clause focuses on purposeful differential treatment, not differential
impact.”) (emphasis in original).
Again, based on its view that maximization of revenue is a singularly appropriate
tax policy justification, the Majority explains that
[a] neutral, systematic treatment of all properties might affect
different properties differently due to their economic value,
which varies as the economy and markets fluctuate. To
violate the Uniformity Clause, the classification would have to
be drawn in a way that indicates the members of one class
will be treated differently regardless of such changes, which
did not occur here.
Id. In other words, single-family residential properties have less market value compared
to commercial properties and thus, until that changes, only commercial properties will be
reassessed under the School District’s policy. Short of the entire collapse of all elements
of the commercial realty sectors, it is hard to imagine when, if ever, the market will
fluctuate in such a manner that the average single-family residence will be able to
generate revenue comparable to that of commercial properties. However, because the
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 6
Majority finds the School District’s policy to be “facially neutral,” id. at 25, the effect or
intention behind the School District’s policy can be completely ignored.
Coupled with its flawed conclusion that tax equalization is not to be prioritized over
maximizing revenue, the Majority proclaims, for the first time in this Court’s history, that
the use of monetary threshold tax policies is lawful. It is this policy that the Majority finds
to be “facially neutral” for purposes of the instant matter; or rather, it finds that such a
policy does not violate the Uniformity Clause “without more[.]” Majority Op. at 10. I can
only assume that the “more” the Majority is referring to is an express policy to subject only
one subclass of realty to a monetary threshold. Otherwise, it would seem that it has
justified the use of any monetary threshold, regardless of the amount. Even here, where
single-family residences make up 84.2% of all properties in the jurisdiction, 5 the Majority
finds no problem where none of those properties are subject to appeal. N.T., 11/17/2021,
at 77. This blessing results from the Majority’s position that the maximization of revenue
is an acceptable selection criterion without regard to the constitutional mandate to
prioritize equalization of tax burdens among all classes of real property. However, in
endorsing this maximization of revenue rationale, the Majority renders monetary
thresholds entirely irrelevant. If all that matters is the maximization of revenue, then what
purpose does a monetary threshold serve? Under the Majority’s rationale, regardless of
the chosen threshold, the same properties will be selected for appeal—those that
generate the most revenue. Under this framework, monetary thresholds merely serve as
a guise for policies seeking to appeal only those properties with the highest value.
It is axiomatic that the values of commercial properties are “generally higher than
those of single-family homes, and hence, raising their assessments would result in a
5 Apartment, commercial, and industrial buildings make up 3.2% of all properties in the
School District, and yet these properties comprise 100% of the School District’s 2019
appeals. N.T., 11/17/2021, at 78.
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 7
greater tax-revenue increase[.]” Valley Forge, 163 A.3d at 966. To the Majority, so long
as a taxing entity seeks to maximize revenue under the guise of a monetary threshold,
the government can put into place a taxing scheme that results exclusively in appeals of
commercial properties. The Majority has manufactured a loophole to uniformity. It
endorses a method of taxation that will result in the appeal of only commercial properties
so long as the government does not publicize its intent to do so. That is precisely what
happened here. We cannot blind ourselves to the reality of a taxing scheme that
exclusively targets commercial properties for assessment appeals.
The School District is doing indirectly what it cannot do directly, i.e., selectively
appealing commercial properties. Even if the School District had good intentions and
sought to be fiscally responsible, “any intentional or systematic enforcement of the laws”
that “treats commercial properties differently from other types of parcels” is
unconstitutional. Valley Forge, 163 A.3d at 975. The $10,000 threshold which was driven
by the goal to maximize revenue caused the School District’s third-party consultant to
focus almost exclusively on commercial properties. Here, the consultant limited his
review of single-family residential properties to only those that were 3,500 square feet or
more, which eliminated an unknown—though likely considerable—number of such
properties for consideration. N.T., 11/17/2021, at 27. This was all in an effort to maximize
revenue, the “hard and fast rule,” the Majority is so quick to endorse. Accordingly, the
School District’s consultant was effectively required to treat commercial properties as the
only targets for appeal. This policy clearly results in decisions that discriminate against
one subclass of property, and thus, it is in violation of the Uniformity Clause.
Based on the above, I conclude that the School District’s policy violates the
Uniformity Clause. Accordingly, I dissent.
Chief Justice Todd and Justice Dougerty join this dissenting opinion.
[J-72A-2025 and J-72B-2025] [MO: Mundy, J.] - 8