Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-05-29
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Montgomery .1Cl Court /.
Asked to:Void Years
County Assessments
By Charles 1. Hoffman.


Court action to throw out all
suburban Montgomery County
reassessments made during the
last year was initiated today by
Attorney James P Parker on
behalf of three county residents
His mandamus suit also seeks
a court order to force the State
Tax Commission to direct a re-
assessment of property through
out the State.
Filing of the suit in the Cir
cult Court of Rockville came al.
most simultaneously with the
issuance of an opinion by the
County Appeals Tax Court re-
fusing Mr.. Parker's request be-
fore that body for a countrywide
review of assessments.
Wins House ReasSessment. :
In a lengthy. 13-page opinion,
the tax court. however, directed
a review of assessments in Wes-
moreland Hills. where Mr.. Parker
lives. The attorney had chal-
lenged as unfair the $20,420
assessment put on his land and
house at 5113 Dalecarlia drive.
The new Circuit Court action
was filed in the name of Herbert
r. and Nancy H. Eek. 9515 Semi
mole road, Silver Spring, and
Helen o. Vierling. Valley Mill
Farm, Colesville. The suit actu-
ally, however, is the result Of
action promised several weeks
ago by the Homeowners Tax
League, Inc.
The suit names as defendants
the State Tax Commission, the
County appeals tax court and
County Supervisor Of Assess
ments Wilton T. Allen. The suit
alleges that the State Tax Com
mission has failed to formulate
standards for assessment and
provisions for the equalization
of assessments between the coun-
ties. The suit also charges that
the tax commission has not re-
quired assessment at full cash
value as the law provides.
Circuit Court Judge Stedman
Prescott issued an order for the
defendant to file an answer to
the suit before June 10.
Changes Sales Ignored.
The suit alleges that MIR. Allen
had failed to keep posted on
property sales so that they can
be compared by the Appeals
Tax Court with assessments. AS
a result. the suit states. the ap-
peals tax court has not con-
sidered reports of current prop
erty sales in reviewing the as
SCISSORS Office appraisals.
The suit asks that the tax
commission be required to for
mulate uniform standards and
after such standards are estab-
lished be required to order each
county to reassess all property.
The suit also asks that assess
ments made in the suburban area
in 1913 and 1919 be continued
in force during the current year
and that a permanent injunc-
ton. be issued restraining the
court from certifying or review
ing, assessment changes made
during the past year.
Replies to Brief Filed.
In the opinion filed by the tax
court comprising Carey E. Quinn,
Robert E. Redding and Windsor
Hodges, Mr.. Parker was an
swered on. every point made in
his, 25-page brief filed, last
March. Is.
The court found that assess
ments in Montgomery County
conform to, the law and said that
if differences between the coun-
ties stem from improper assess
ments in other counties, Mr.
Parker will have to get relief
from the State Tax Commission.
Although the court said that
it was unable to conclude that a
uniform plan does not exist
throughout the State, it would
strongly urge the State Tax
Commission to exercise diligent
effort toward its continued i'm
provement."
Mr.. Parker had urged that
the tax court order a Is per
cent cut in assessments across
the board" for the suburban
area as a means Of correcting
inequalities.
The court replied: ''It should
be obvious that this type Of adj