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APPEAL GEORGE D. SGRO AND G. ARLENE SGRO (07/06/82)

decided: July 6, 1982.

IN RE: APPEAL OF GEORGE D. SGRO AND G. ARLENE SGRO, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF KITTANNING PROFESSIONAL BUILDING, INC., A CORPORATION, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF JAMES D. MCCLISTER AND H. H. HEILMAN, JR., ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF FRANK H. MCNUTT, JR. AND H. H. HEILMAN, JR., ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF EDWARD D. BIERER AND ESTHER BIERER, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF MARY MCNUTT FROM ORDER OF ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF T. PEARL CAMPBELL FROM ORDER OF ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF W. R. DAVIS FROM ORDER OF ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF ROBERT G. NOLTE FROM ORDER OF ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT. IN RE: APPEAL OF RALPH C. JOHN, FREDERICK L. JOHN, II AND JOSEPH E. BREMAN, ETC. ARMSTRONG COUNTY BOARD OF ASSESSMENT APPEALS, APPELLANT


Appeals from the Orders of the Court of Common Pleas of Armstrong County in cases of In Re: Appeal of George D. Sgro and G. Arlene Sgro from Order of Armstrong County Board of Assessment Appeals regarding 2.5 Acres tract of land in Kittanning Borough, No. 1980-1644 -- Civil; In Re: Appeal of Kittanning Professional Building, Inc., a corporation, No. 1980-1649 -- Civil; In Re: Appeal of James D. McClister and H. H. Heilman, Jr., from Order of Armstrong County Board of Assessment Appeals regarding lot of land in Kittanning Borough, No. 1980-1673 -- Civil; In Re: Appeal of Frank H. McNutt, Jr., and H. H. Heilman, Jr., from Order of Armstrong County Board of Assessment Appeals regarding lot of land in Kittanning Borough, No. 1980-1674 -- Civil; In Re: Appeal of Edward D. Bierer and Esther Bierer from Order of Armstrong County Board of Assessment Appeals regarding lot of land in Kittanning Borough, No. 1980-1675 -- Civil; In Re: Appeal of Mary McNutt from Order of Armstrong County Board of Appeals regarding lot of land in Kittanning Borough, No. 1980-1676 -- Civil; In Re: Appeal of T. Pearl Campbell from Order of Armstrong County Board of Assessment Appeals regarding lot in Kittanning Borough, No. 1980-1690 -- Civil; In Re: Appeal of W. R. Davis from Order of Armstrong County Board of Assessment Appeals regarding lot of land in Kittanning Borough, No. 1980-1706 -- Civil; In Re: Appeal of W. R. Davis from Order of Armstrong County Board of Assessment Appeals regarding lot of land in Kittanning Borough, No. 1980-1707 -- Civil; In Re: Appeal of Robert G. Nolte from Order of Armstrong County Board of Assessment Appeals regarding lot of land in Kittanning Borough, No. 1980-1722 -- Civil; and In Re: Appeal of Ralph C. John, Frederick L. John, II, and Joseph E. Breman from Assessment of real estate, No. 1980-1732 -- Civil.

COUNSEL

Edward J. Steiner, Steiner and Steiner, for appellant.

B. Albert Bertocchi, McCue, Bertocchi and Heim, for appellees, George D. Sgro and G. Arlene Sgro, his wife.

H. H. Heilman, Jr., Heilman and McClister, with him Robert E. Pryde, Peter Calarie, Calarie & Calarie, James G. Callas, Callas and Graff, and Ralph C. John, for appellees.

Judges Rogers, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 67 Pa. Commw. Page 307]

The Armstrong County Board of Assessment (board) has appealed orders of the Court of Common Pleas of Armstrong County sustaining taxpayers' appeals in eleven cases consolidated here. The taxpayers have filed motions to quash the board's appeals to this court.

The common pleas court held a consolidated hearing de novo on the taxpayers' appeals from the board's orders raising taxpayers' real estate assessments. After hearing, the chronology of events, all in 1981, was as follows:

On February 24, the common pleas judge issued a memorandum opinion and orders sustaining taxpayers' appeals and directing the board to reinstate taxpayers' original assessments.

On March 5, no exceptions having been filed, the common pleas court issued final orders.

On March 9, the orders of March 5 were entered on the docket.

On April 2, the board filed a petition for rehearing and reconsideration.

On April 2, the common pleas court issued an order setting a date for argument on the board's petition ...


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