Lehighton Area School District is not going to take a property tax assessment appeal for one of its former elementary schools lying down.

Local businessman Joseph Bennett, using the name Lehighton School Site LLC, purchased Shull-David Elementary school for $402,500 at a public auction in July 2019.

In a letter detailing the appeal, Francis Hoegen, attorney for Lehighton School Site LLC, said though the implied fair market value for the property is over $2 million, the actual market value is $402,500, based on the purchase price.

Lehighton’s school board voted 6-3 Monday night to negotiate the appeal with Hoegen despite its solicitor Eric Filer calling it “unlikely” that the district would win any legal fight.

“Overcoming the fact that the district sold it for $402,500 would be difficult to overcome in my opinion,” Filer told the board.

Director David Bradley, however, suggested the district try to negotiate the market value up to $700,000, which was just under the appraisal price obtained when Lehighton was looking to sell the property.

“The district shot itself in the foot by rushing the sale of the building,” Bradley said. “If we got another appraisal now, I think the value of the property would be higher, especially with all of the hospitals coming into the area. If we called the property owner and negotiated to $700,000, I bet he would accept it.”

Bradley, Gail Maholick, Joy Beers, Richard Beltz, Larry Stern and Stephen Holland voted to try to negotiate the tax appeal, while Rita Spinelli, Nathan Foeller and Wayne Wentz voted to settle at the $402,500 actual market value.

“A new appraisal may give different results, they might be better or they might be worse,” Spinelli said. “I think we should consider an appeal in the future, when it may be worth more than it is now. Keep in mind, up until this point we received no tax money from this parcel.”

Filer said the property would generate $8,889 in property tax revenue if Lehighton settled at the $402,500 market value, a drop of around $32,000.

“There is currently a court hearing scheduled for Aug. 20,” Filer said.

Resident Barb Bowes said she was disappointed negotiation had not already been attempted long before the scheduled court date.

“It doesn’t hurt to reach out and ask,” Bowes said. “Unfortunately, that court date is fast approaching.”

Bradley also suggested that Beers, a fellow board member, make the phone call to Lehighton School Site’s attorney to attempt the negotiation.

“I don’t trust Mr. Filer,” Bradley said. “I think Joy can negotiate in our best interest.”

Beers said it would be a new concept, but she would be willing to give it a try with Filer’s support.

A motion to have Beers do the negotiation, however, failed 5-3. Stern, Wentz, Spinelli, Holland and Foeller voted against it, while Maholick, Bradley and Beltz supported it. Beers abstained from voting.

“If we’re doing negotiations, I don’t have a problem with it as long as it’s through our attorney, Mr. Filer,” Wentz said.