Legal Opinion

Murtagh v. County of Berks

Supreme Court of Pennsylvania

Decided November 10, 1993No. 34 M.D. Appeal Docket 1992PublishedCited by 44 opinions

1Opinion of the Court

FLAHERTY, Justice.

Merry J. Murtagh and other taxpayers appeal an order of Commonwealth Court reversing an order of the Court of Common Pleas of Berks County and remanding with instructions to dismiss the action for lack of subject matter jurisdiction. 144 Pa.Cmwlth. 624, 601 A.2d 1352. The trial court had concluded that it had subject matter jurisdiction over a class action brought by the taxpayers against the County of Berks and other local government units under 42 U.S.C. § 19831 challenging the constitutionality of the manner in which property is assessed for real estate tax purposes.

The…

2Cases cited24 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Maine v. ThiboutotSupreme Court of the United States · 1980
  3. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  4. Nordlinger v. HahnSupreme Court of the United States · 1992
  5. Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990

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3Cited by44 opinions

  1. National Private Truck Council, Inc. v. Oklahoma Tax Comm'nSupreme Court of the United States · 1995
  2. Werner v. Plater-ZyberkSuperior Court of Pennsylvania · 2002
  3. Joseph C. Balazik Edith C. Balazik David Bedard Judith L. Bedard Donald F. Fricchione, M.D. Maria Claudia Fricchione Joseph F. Salzinger Douglas G. Ricker Christine L. Ricker, on Behalf of Themselves and All Owners of Real Property That Was Constructed or Rehabilitated in the Townships Since July 1, 1983 v. County of Dauphin Dauphin County Board of Assessment Appeals Derry Township Lower Paxton Township Lower Swatara Township Susquehanna Township Swatara Township Central Dauphin School District Derry Township School District Lower Dauphin School District Middletown Area School District Steelton-Highspire School District Susquehanna School District, the Honorable William W. Caldwell, Nominal Swatara Township, Joseph C. Balazik Edith C. Balazik David Bedard Judith L. Bedard Donald F. Fricchione, M.D. Maria Claudia Fricchione Joseph F. Salzinger Douglas G. Ricker Christine L. Ricker, on Behalf of Themselves and All Owners of Real Property That Was Constructed or Rehabilitated in the Townships Since July 1, 1983 v. County of Dauphin Dauphin County Board of Assessment Appeals Derry Township Lower Paxton Township Lower Swatara Township Susquehanna Township Swatara Township Central Dauphin School District Derry Township School District Lower Dauphin School District Middletown Area School District Steelton-Highspire School District Susquehanna School District, Swatara TownshipCourt of Appeals for the Third Circuit · 1995
  4. Parr, J. v. Ford Motor CompanySuperior Court of Pennsylvania · 2014
  5. Stone Crushed Partnership v. Kassab Archbold Jackson & O'BrienSupreme Court of Pennsylvania · 2006

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