Legal Opinion

City of Philadelphia v. Lerner

Supreme Court of Pennsylvania

Decided November 22, 2016No. 26 EAP 2015PublishedCited by 21 opinions

1Opinion of the Court

OPINION

JUSTICE WECHT1

Nathan Lerner appeals the Commonwealth Court’s order denying his request for relief. We granted allocatur to address the following issue:

[Whether t]he Commonwealth Court [properly] decided that [it was] constrained by its own decision in Krug v. City of Philadelphia, 152 Pa.Cmwlth. 475, 620 A.2d 46 (1993)[,] to sustain a judgment for a tax assessment where . the Common Pleas Court found that there was no rational basis for the amount allegedly owed by the [p]etitioner and the Commonwealth Court stated that the City’s tactics may well lack authority in law.

City of…

2Cases cited10 opinions

  1. Commonwealth v. HillSupreme Court of Pennsylvania · 2011
  2. Bayada Nurses, Inc. v. Commonwealth, Department of Labor & IndustrySupreme Court of Pennsylvania · 2010
  3. Gorham Manufacturing Co. v. State Tax CommissionSupreme Court of the United States · 1924
  4. Canonsburg General Hospital v. Department of HealthSupreme Court of Pennsylvania · 1980
  5. Southeastern Pennsylvania Transportation Authority v. City of PhiladelphiaSupreme Court of Pennsylvania · 2014

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3Cited by21 opinions

  1. Valley Forge Towers Apartments N, LP v. Upper Merion Area School DistrictSupreme Court of Pennsylvania · 2017
  2. F. Lohr & J.K. Fouse v. Saratoga Partners, L.P. & Huntingdon County TCBCommonwealth Court of Pennsylvania · 2019
  3. C. Flaherty v. PennDOT, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2018
  4. Chester Upland S.D. & Chichester S.D. v. Delaware County Board of Assessment Appeals & City of ChesterCommonwealth Court of Pennsylvania · 2023
  5. City of Phila. v. F.A. Realty Investors Corp.Commonwealth Court of Pennsylvania · 2023

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