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Boscovโ€™s is appealing in county court a decision by the Lebanon County Board of Assessment denying the companyโ€™s request to lower the assessed value of four properties it owns at the Lebanon Valley Mall. 

The unanimous vote of โ€œno changeโ€ by the assessment board following a hearing on Oct. 6 prompted Reading-based Boscovโ€™s to file an appeal in the countyโ€™s Court of Common Pleas on Oct. 31. The countyโ€™s assessment board is administered by the three county commissioners.

The no-change vote means Boscovโ€™s assessed value remains at $5.5 million instead of the $4.4 million company officials believe the four properties are actually worth. Emails to Boscovโ€™s chairman and CEO Jim Boscov requesting an interview for this article were not returned as of publication.

If the court finds in favor of Boscovโ€™s in a still-to-be-determined hearing date, the retailerโ€™s assessed value for those four units would drop by $ 1.1 million, according to Daniel L. Seaman, chief county assessor for Lebanon County Assessment. 

Seaman estimated that Lebanon City School District tax revenue would lower by $24,450; West Lebanon Township tax revenue would drop $6,050; and Lebanon County tax revenue would go down by about $4,300, saving Boscovโ€™s $34,800 in taxes. 

Boscovโ€™s is looking to lower the assessed value of its main store, its furniture outlet, and two buildings it owns and leases, the Jack Williams Tire Center and Popeyes restaurant, which are both located along Route 422.

While the entire mall โ€“ which is owned by Boscovโ€™s โ€“ is located in North Lebanon and West Lebanon townships, the four disputed properties reside within West Lebanon Township. A West Lebanon Township employee told LebTown that the townshipโ€™s board president declined to be interviewed for this article.

The Boscov’s Furniture & Bedding Outlet inside the Lebanon Valley Mall. (LebTown)

At the October hearing before the county assessment board, York-based appraiser Ryan Hlubb and Richard Nuffort, Boscovโ€™s legal counsel, said their calculations of those properties’ current market value (CMV) should be $6.14 million instead of $7.67 million.

In presenting his case to the assessment board, Hlubb referenced six comparable reports of commercial real estate properties that were retail department store properties and located in rural areas โ€“ much like Lebanonโ€™s Boscovโ€™s, he said โ€“ and that one of the six is familiar to the commissioners since itโ€™s based in Lebanon County. 

โ€œYouโ€™re probably very familiar with the former Kmart that was converted to Target. Target acquired that,โ€ said Hlubb. โ€œIt is the highest sale in the data set at $42 a square foot. There was some convenience for them to come to market quicker and location preference and a building they could adapt to.โ€

Read More: Target nabs Kmart lot for first Lebanon County store in $5 million transaction

In noting the differences between the former Kmart and Boscovโ€™s buildings, Hlubb said the Boscovโ€™s building is 20 years older than the former Kmart and, as an attached structure, has โ€œcohabitation issuesโ€ within its design. 

โ€œIt wouldnโ€™t necessarily appeal like the Kmart would, but could be reasonably adapted to at a different cost. But that kind of sets the upper limit to value,โ€ Hlubb told the board during the hearing. 

Hlubb also highlighted a Bucks County-based mall โ€“ which he said is located in a much stronger retail market than Lebanonโ€™s โ€“ that is valued at $20 a square foot and a former Bon Ton property in York County valued at $38 a square foot that was repurposed as self-storage units. 

โ€œSo a lot of what you see is these buildings when they donโ€™t have the same original user that converted to something else,โ€ said Hlubb. โ€œWhen Target came into adapt, the ceiling heights were better than a 1970s Kmart and they were able to work with that superstructure, which is why they were willing to pay more. Plus, I would argue that that trade area is better than this immediate environs where Target wanted to be.โ€

Noting that commercial property values for retail department stores average between $20 and $30 a square foot both regionally and across the commonwealth, Hlubb said he assigned a value of $27.50 to Boscovโ€™s 142,000 square feet of space for the main retail store and the furniture outlet at the Lebanon Valley Mall. That, he added, computes to a CMV of $3.91 million. 

Utilizing an income approach to determine the CMV of the two leased properties, Hlubb said the tire center and restaurant total $2.23 million. 

The income approach, sometimes referred to as the income capitalization approach, is a type of real estate appraisal method that allows investors to estimate the value of a property based on the income the property generates. Itโ€™s used by taking the net operating income (NOI) of the rent collected and dividing it by the capitalization rate.

โ€œSo we essentially add them up,โ€ said Hlubb. โ€œThey are the components of the value to those properties and that concludes at 6.14 (million) for the two components โ€“ and thatโ€™s my high level.โ€

West Lebanon Township solicitor Paul Bametzreider said at the hearing that the township supervisors are concerned about the assessment being lowered.

โ€œThis is a large revenue base for them, a big part of the revenue base,โ€ said Bametzreider. โ€œTheyโ€™ve informed me that there was already an assessment downward, not too long ago, and theyโ€™re concerned that another assessment downward will occur. I donโ€™t have any kind of expert testimony at this time, but they are concerned, and they are watching, and weโ€™ll have to see what happens from here.โ€

Assessment Board chairperson Jo Ellen Litz immediately noted that the previous reassessment involving Boscovโ€™s, which occurred in 2013, involved vacant stores throughout the entire mall. 

Seaman told LebTown during an interview that the prior reassessment of the entire mall about a decade ago has no relationship to Boscovโ€™s current lower assessment request. The county calculates CMV by taking the current assessed value ($5,520,800) divided by .719, the latter a number thatโ€™s determined by state government officials.

In voting for no change in Boscovโ€™s current appeal, Litz told LebTown that there are stark differences between what happened 10 years ago โ€“ when shops were sitting empty and retailers were filing for bankruptcy โ€“ and the current status of those four properties.

โ€œI have no indication that they are currently undergoing a stabilization issue like they did when Sears was filing for bankruptcy,โ€ said Litz. โ€œWhen that happened, that was all over the news, but I have no indication thatโ€™s the case now.โ€

Litz added the opposite, in fact, is true since the four current properties are fully occupied.  

โ€œThese properties are at 100 percent capacity; Boscovโ€™s is full, and Williams was sold to a thriving and upcoming chain (Mavis Tire Supply), so why would we reduce them when we are in a time when real estate is prime,โ€ she said. โ€œThe sale of real estate is really high. I believe we had similar shopping centers or malls and they had comparable assessments, but we thought this is something that we should not be reducing at this time. From everything we saw, that end of the mall is doing quite well.โ€

Commissioner Mike Kuhn said he felt Hlubb didnโ€™t make a strong enough case during his presentation to the assessment board.

โ€œBased on all of the information they presented that day, I didnโ€™t feel in my judgment at that time that there was enough of a case to lower their assessed value,โ€ he said.

Commissioner Robert Phillips said he based his no-change vote on the disparity between Boscovโ€™s figures and those established by the countyโ€™s assessment office.

โ€œThe number on their appraisal and our number were too far apart,โ€ said Phillilps. โ€œI decided if they felt that it was important enough or if their appraisal had enough credibility and that they were willing to go to the Court of Common Pleas, then thatโ€™s where it would end up.โ€ 

Phillips added that very few of the vast number of hearings the assessment board conducts annually are appealed in county court. 

As the county waits to receive a new assessment report for those four entities, Seaman said a court date is at least 60 to 90 days away from the date the report is received. Seaman noted thereโ€™s also the possibility that the case will settle between the parties before the case goes before the judge.

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James Mentzer is a freelance writer and lifelong resident of Pennsylvania. He has spent his professional career writing about agriculture, economic development, manufacturing and the energy and real estate industries, and is the county reporter and a features writer for LebTown. James is an outdoor...