In re Petition to Increase Mileage Limit Levied on Real Estate from 25 Mills to 30 Mills

SMITH, Judge.

Jay Campbell, Earl Mumma and Sandra Philpott (Taxpayers) appeal from an order of the Court of Common Pleas of Perry County granting the Perry County Board of Commissioners’ petition seeking authorization to exceed the tax limitation for 1994 provided in Section 1770 of The County Code (County Code), Act of August 9, 1965, P.L. 323, as amended, 16 P.S. 1770. The questions presented on appeal are whether Section 1770 unconstitutionally delegated taxing power to the judiciary in violation of the separation of powers doctrine or constitutes an unduly vague and standardless delegation…