Legal Opinion · Dissent

MacDonald, Illig, Jones & Britton v. Erie County Board of Assessment Appeals

Commonwealth Court of Pennsylvania

Decided February 14, 1992No. 85 C.D. 1991Published

1DissentPellegrini, Judge

I respectfully dissent. In enacting LERTA, the General Assembly authorized a taxing body to fashion its own program to meet the economic conditions of its community. *535Contrary to the intent of the General Assembly, the majority finds that Section 6 of LERTA, which by its plain language only imposes procedural duties on a Board of Assessment, precludes a taxing authority from determining when an exemption is to commence. Moreover, its holding that the exemption begins one year after the completion of the improvement is internally inconsistent with its holding that an exemption must commence…

2Cases cited2 opinions

  1. Northwood Nursing Care & Convalescent Home, Inc. v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1986
  2. Northwood Nursing & Convalescent Home, Inc. v. City of Philadelphia Board of Revision of TaxesSupreme Court of the United States · 1988

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