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GREEN TREE BOROUGH ET AL. v. ALLEGHENY COUNTY BOARD PROPERTY ASSESSMENTS (12/20/71)

SUPREME COURT OF PENNSYLVANIA


decided: December 20, 1971.

GREEN TREE BOROUGH ET AL., APPELLANTS,
v.
ALLEGHENY COUNTY BOARD OF PROPERTY ASSESSMENTS

Appeals from order of Court of Common Pleas, Civil Division, of Allegheny County, April T., 1970, No. 1341, in case of Borough of Green Tree and John C. Phillips and Elizabeth P. Phillips, Emil S. Kapcar and Helen Kapcar et al. v. The Board of Property Assessments, Appeals and Review of Allegheny County.

COUNSEL

Donald J. Lee, with him Gilbert E. Morcroft, Anthony P. Bartiromo, Richard G. Zeleznik, Alfred James Duff, John F. McGinty, Henry E. Rea, Jr., and Dougherty, Larrimer, Lee & Hickton, Lichtenstein & Bartiromo, Miller, Entwisle & Duff, and Smiley and McGinty, for appellants.

Maurice Louik, County Solicitor, with him Francis A. Barry, Deputy County Solicitor, and Thomas M. Rutter, Jr., Assistant County Solicitor, for appellees.

Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ.

Author: Per Curiam

[ 446 Pa. Page 310]

The overall issue presented by these appeals is whether a court of equity has jurisdiction and competency to act upon a complaint questioning the validity

[ 446 Pa. Page 311]

    of the Act of June 21, 1939, P. L. 626, § 7, as amended, 72 P.S. § 5452.7. If equity has jurisdiction, as appellants contend, the Commonwealth Court would have appellate jurisdiction under Section 402(4) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, § 402(4), 17 P.S. § 211.402(4) (Supp. 1971). Without considering the merits of appellants' contention, we believe that the appellate court having jurisdiction over equity actions against governmental units, i.e., the Commonwealth Court, should decide that question.

The appeals are transferred to the Commonwealth Court.

Disposition

Appeals transferred to Commonwealth Court.

19711220

© 1998 VersusLaw Inc.



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