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Allegheny County's new property tax assessment method might be flawed and unfair, but it also might be legal, a county judge said Wednesday.

In arguments on two lawsuits aimed at shooting down the county's base-year valuation method, Common Pleas Judge R. Stanton Wettick Jr. acknowledged that the system would result in people whose homes have rising property values "not paying their fair share" of the tax burden.

But, Wettick said, "That's what the legislation permits, isn't it?"

The judge made no ruling. The lawsuits seek to overthrow the county's fourth attempt this year at setting a property valuation method.

Wettick and lawyers in the case will examine how other Pennsylvania counties with a base-year assessment operate the system. New briefs are due Jan. 10. Afterward, Wettick will decide whether the lawsuits should proceed.

Base-year plans allow counties to peg properties' current taxable values to what their values were in a given year in the past. After a planned Allegheny County 2006 reassessment resulted in increases averaging 19 percent for residential properties, Chief Executive Dan Onorato nixed the revaluation. He eventually proposed setting assessments using 2002 base-year values.

Several new homebuyers sued, claiming their properties were valued at 2004 or 2005 values instead of at the lower 2002 figures.

Owners of parcels in declining communities also sued. They say Onorato's new plan prevents their assessments and tax bills from being cut to reflect their real value, while parcels in rising communities stay pegged at old, low assessments.

Donald Driscoll, a lawyer for homeowners in declining communities, argued that even base-year systems must be adjusted annually to reflect changing property values.

Ira Weiss, a lawyer for the new home buyers, said Allegheny County has set assessments on new construction and decided appeals using current market values for property. Those property owners are not getting the same treatment as others who had property values set in 2002, he said.

Wettick agreed most observers consider the current market value method to be the fairest system.

County Solicitor Michael Wojcik did not contest that idea, but said a base-year system is acceptable.

"It may not be what the purists think is the right thing to do, but we're following the law," he said.

It is unlikely the case will be settled before Pittsburgh school and municipal tax bills are mailed in January.

"The presents will be (un)wrapped and the trees'll be down before this thing is over," Weiss said.

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