Legal Opinion · Dissent

A. Maula v. Northampton County Division of Assessment and County of Northampton

Commonwealth Court of Pennsylvania

Decided November 7, 2016No. 1341 C.D. 2015Published

1Dissent

DISSENTING OPINION BY

JUDGE COVEY

Because I believe that Anthony Maula’s (Maula) behavior constituted “other action of the owner,” as referenced in Section 2 of the Pennsylvania Farmland and Forest Land Assessment Act of 1974,1 commonly known as the Clean and Green Act (Act),2 I respectfully dissent.

This Court has explained:

Under [the Act], a property enrolled in the Clean and Green program may be divided by a ‘split[-]off or by a ‘separation.’ The tax consequences of each action are quite different. A split-off is a newly-created tract of less than ten acres and, regardless of whether that…

2Cases cited14 opinions

  1. Commonwealth v. MelvinSuperior Court of Pennsylvania · 2014
  2. Phoenixville Hospital v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2013
  3. Commonwealth v. MiskovitchSuperior Court of Pennsylvania · 2013
  4. Moyer v. Berks County Board of Assessment AppealsCommonwealth Court of Pennsylvania · 2002
  5. Watts, T. v. Manheim Twp. School District, Aplt.Supreme Court of Pennsylvania · 2015

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API