Legal Opinion

Lehigh & Wilkes-Barre Coal Co.'s Assessment

Supreme Court of Pennsylvania

Decided June 22, 1909No. Appeal, No. 128PublishedCited by 37 opinions

Appeal, No. 128, Jan. T., 1909, by Luzerne County, from order of C. P. Luzerne Co., Oct. T., 1907, No. 614, on appeal from tax assessment in reassessments of land of the Lehigh & Wilkes-Barre Coal Company. Appeal from tax assessment.

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Appeal, No. 128, Jan. T., 1909, by Luzerne County, from order of C. P. Luzerne Co., Oct. T., 1907, No. 614, on appeal from tax assessment in reassessments of land of the Lehigh & Wilkes-Barre Coal Company. Appeal from tax assessment. From the record it appeared that on June 29, 1909, Fuller, J., began the hearing of testimony, and on January 28, 1909, filed various findings of fact and conclusions of law, and a form of decree fixing the valuation of the lands in question at $2,400 per superficial acre. Subsequently the county commissioners with leave of the trial judge, filed exceptions to…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

After full consultation it has been determined that the record in this case shall be remitted to the court below for further consideration. When the appeal from the assessment fixed by the board of revision was perfected in the court of common pleas, it was the duty of that court to hear and determine all of the questions raised just as if it were litigation between private parties. The suggestion made that in a proceeding under the act of 1889 on appeal the judge, or judges, sit as county commissioners, or as a board of revision, is without merit. The court sits…

2Cited by37 opinions

  1. In Re Appeal of Borough of ChurchillSupreme Court of Pennsylvania · 1990
  2. Buhl Foundation v. Board of Property Assessment, Appeals & ReviewSupreme Court of Pennsylvania · 1962
  3. Brooks Building Tax Assessment CaseSupreme Court of Pennsylvania · 1958
  4. Green v. Schuylkill County Board of Assessment AppealsSupreme Court of Pennsylvania · 2001
  5. Philadelphia & Reading Coal & Iron Co. v. Northumberland County CommissionersSupreme Court of Pennsylvania · 1911

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