UPDATED: Judge Says Consent Decree Must Stand

In an opinion filed Tuesday, Washington County President Judge Debbie O'Dell Seneca said the court has no authority to "modify or otherwise impair" obligations set forth in consent decree—and said a reassessment must go forward.

It was for that reason that O'Dell Seneca denied a motion by the Washington County commissioners to grant a stay in the matter.

"Defendant motion resits upon the fact that several pieces of poposed legislation are pending within the Pennsylvania General Assembly, all aimed at reforming county reassessment processes statewide," she wrote in her opinion. "They argue that going forward with the reassessment under the terms of the consent decree runs the risk of double-reassessment, because the Legislature may change the law affecting these matters and force another reassessment. This would likely cause Washington County (and its taxpayers) to shoulder the costs of reassessment twice within a narrow time period."

The Washington and McGuffy school districts, though, have argued that the county entered into a consent agreement with them in 2008, and that "many similar attempts at legislative reform have failed and there is no guarantee that any of these bills will ever become law."

In her opinion, O'Dell Seneca said that while both arguments are valid, "the court has to abide by the laws as they currently exist"—saying that "a consent decree must stand even if it subsequently appears unfair or unreasonable."

Reached Tuesday afternoon, Susan Mondik Key, who represented the districts, said of the order: "It pretty much speaks for itself."

, D-Cecil, who has opposed a reassessment until the Legislature can fix what he calls a “broken system” said the consequences of a forced reassessment could be far reaching.

“We have three Washington County legislators actively working in the state capitol as we speak to figure out ways to improve this process,” he said. “If the districts and their team of legal mercenaries have their way and forces a reassessment before the reforms are enacted the consequences to Washington County taxpayers will be disastrous.”

White then added: "You know an issue is out of hand when the Legislature is the voice of reason begging for a common sense solution to benefit the taxpayers."

Washington County Commissioner Diana Vaughan Irey said that the county will appeal the matter, adding that there is a difference of opinion over language regerring to a "consent decree."

"It seems to me there is a difference of opinion as to language used," she said. "We do not agree to a reassessment, and we will appeal."