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MAX WEINER AND CONSUMER PARTY PENNSYLVANIA v. SECRETARY COMMONWEALTH (05/11/89)

decided: May 11, 1989.

MAX WEINER AND CONSUMER PARTY OF PENNSYLVANIA, PETITIONERS,
v.
SECRETARY OF THE COMMONWEALTH, COMMONWEALTH OF PENNSYLVANIA, RESPONDENT



PETITION FOR REVIEW (761 AND 764) (WITH NOTICE TO PLEAD) (BALLOT QUESTION)

COUNSEL

Philip M. Lord, Commons & Lord, Philadelphia, for petitioners.

John O.J. Shellenberger, Deputy Atty. Gen., Chief, Litigation Section, Eastern Regional Office, Office of Atty. Gen., Philadelphia, for respondent.

Richard D. Spiegelman, Chief Deputy Gen. Counsel, Andrew Sislo and Gregory E. Dunlap, Deputy Gen. Counsels, for Morey M. Myers, Gen. Counsel.

Crumlish, Jr., President Judge.

Author: Crumlish

[ 126 Pa. Commw. Page 12]

OPINION

The Chancellor, having entered an Order denying the petitioners' application for special relief in the nature of a special injunction, files this Opinion in support thereof.

On May 16, 1989, the electors of this Commonwealth will be asked to approve or reject a constitutional amendment which would authorize the legislature to require or permit local government units to restructure revenue raising measures. The proposed amendment would provide an exception

[ 126 Pa. Commw. Page 13]

    to the "tax uniformity clause," Article VIII of the Pennsylvania Constitution, as stated:

ยง 2. Exemptions and special provisions.

(b) The General Assembly may, by law:

(VI) MAKE SPECIAL TAX PROVISIONS AUTHORIZING OR REQUIRING CLASSES OF LOCAL TAXING AUTHORITIES TO REDUCE TAX RATES ON RESIDENTIAL REAL PROPERTY TO THE EXTENT OF ADDITIONAL REVENUES OBTAINED FROM PERSONAL INCOME TAXES; ALL OTHER CHANGES IN REAL PROPERTY TAX RATES SHALL BE UNIFORM AS PROVIDED IN SECTION 1.

Joint Resolution No. 1, H.B. No. 14.

The official ballot, as certified by the Secretary of the Commonwealth, poses ...


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