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STANLEY COMPANY AMERICA (09/26/67)

SUPREME COURT OF PENNSYLVANIA


decided: September 26, 1967.

STANLEY COMPANY OF AMERICA, INC. TAX ASSESSMENT CASE

Appeal from order of Court of Common Pleas of Allegheny County, July T., 1964, No. 2999, in re appeal of Stanley Company of America, Inc., successor of The Stanley Davis Clark Corp., from assessment of Board of Property Assessment, Appeals and Review of Allegheny County.

COUNSEL

Maurice Louik, County Solicitor, with him James Victor Voss and John F. Murphy, Assistant County Solicitors, and Francis A. Barry, First Assistant County Solicitor, for Board, appellant.

Niles Anderson, Solicitor, with him Justin M. Johnson, Assistant Solicitor, for School District of Pittsburgh, intervening appellant.

Frederick A. Boehm, Assistant City Solicitor, with him David Stahl, City Solicitor, for City of Pittsburgh, intervening appellant.

T. Robert Brennan, Harvey E. Robins, and Brennan and Brennan, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen. Mr. Chief Justice Bell concurs in the result. Mr. Justice Eagen dissents.

Author: Cohen

[ 426 Pa. Page 582]

In this appeal by the Board of Property Assessment, Appeals and Review of Allegheny County (Board) the issues are identical with those presented in the appeal of the Board in the case of property owned by Massachusetts Mutual Life Insurance Company decided this day. The assessment was $1,396,200; the expert witness for Stanley Company of America, Inc., testified to a fair market value of $1,200,000; the Board's witness testified to an "actual market value" of $2,140,000;

[ 426 Pa. Page 583]

    and the court below found the fair market value to be $1,700,000. It then reduced this figure to an assessment of $748,000 by application of the common level ratio of assessed value to market value for the triennium 1963, 1964 and 1965 of 44%.

What we have said in the Massachusetts Mutual case applies here as well. The order of the court below is affirmed.

Disposition

Order affirmed.

19670926

© 1998 VersusLaw Inc.



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