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BROOKSIDE LIMITED PARTNERSHIP v. BIG BEAVER FALLS AREA SCHOOL DISTRICT (05/17/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: May 17, 1983.

BROOKSIDE LIMITED PARTNERSHIP, APPELLANT
v.
BIG BEAVER FALLS AREA SCHOOL DISTRICT, APPELLEE

Appeal from the Order of the Court of Common Pleas of Beaver County in case of Brookside Limited Partnership v. Big Beaver Falls Area School District, No. 1485 of 1981.

COUNSEL

Charles S. Morrow, with him Mark B. Aronson, Behrend, Aronson and Morrow for appellant.

Wayne S. Luce, Reed, Luce, Good, Tosh & McGregor, and Roberta C. Higley, for appellees.

President Judge Crumlish, Jr. and Judges Rogers, Blatt, Williams, Jr. and Doyle. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 74 Pa. Commw. Page 327]

Brookside Limited Partnership appeals a Beaver County Common Pleas Court order dismissing its appeal of a real property tax assessment. We affirm.

Big Beaver Falls Area School District petitioned the county assessor to reassess Brookside's recently-completed apartment complex located in Beaver County. The reassessment increased Brookside's 1979 property tax liability. Brookside appealed to the common pleas court, arguing that the reassessment was improper. The common pleas court dismissed the appeal for lack of jurisdiction because Brookside failed to appeal first to the Beaver County Board of Assessment Appeals.

[ 74 Pa. Commw. Page 328]

Brookside argues, without citation of authority, that no prior appeal to the Board is required. Following an examination of the law, however, we find Brookside's contention to be without merit and, thus, affirm on the able opinion of Sawyer, P.J., in Brookside Limited Partnership v. Big Beaver Falls Area School District, Pa. D. & C.3d (1982).

Order

The Beaver County Common Pleas Court order in No. 1485 of 1981, dated January 14, 1982, is hereby affirmed.

Disposition

Affirmed.

19830517

© 1998 VersusLaw Inc.



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