Mehalic v. Westmoreland County Tax Claim Bureau

In Mehalic v. Westmoreland County Tax Claim Bureau, 111 Pa. Commw. 398, 534 A.2d 157 (Pa. Cmwlth. 1987) the Court held that the court must determine whether the terms of the proposed sale indicate that the bargain is proper and benefits the interested taxing authorities. In Mehalic, John and Clarence Mehalic had an outstanding tax delinquency of $ 5,374.99 on their property. A third party offered to purchase the property at a private sale for $ 3,250.00 under section 613 of the RETSL. 534 A.2d at 157. The Mehalics filed a petition to disapprove the private sale, stating that they were willing and able to begin making payments toward the taxes due. The trial court denied the petition and confirmed the sale. Id. at 158. The Court affirmed, noting that the proper criterion for reviewing a proposed sale is not "the largest sum which the property will bring, but rather whether the prospective terms of sale satisfy the court that the bargain is proper and to the advantage of all the taxing authorities interested." Id. at 159