SHANKEN v. UPPER MORELAND TWP.


203 Pa.Super. 323 (1964)

Shanken v. Upper Moreland Township, Appellant.

Superior Court of Pennsylvania.

June 11, 1964.


Attorney(s) appearing for the Case

H. Lyle Houpt, Township Solicitor, with him Benjamin R. Townsend, David C. Auten, and Townsend, Elliott & Munson, for township, appellant.

William S. Livengood, Jr., with him Mayor Shanken, and Hankin, Hankin & Shanken, and Livengood, Braucher & Stroup, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY WOODSIDE, J., June 11, 1964:

This is an appeal from an order of the Court of Quarter Sessions of Montgomery County declaring invalid an ordinance of a Township of the First Class which imposed a tax upon the occupancy of rooms in hotels, motels and similar establishments.

Townships, like other political subdivisions, have only such powers as are conferred upon them by the Constitution and by statute. They have no implied or inherent power to tax...

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