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BD. of A. & R. of T. of NORTH. CO. v. BETH. H.A.

Appeal, No. 504 C.D. 1972.

10 Pa.Commw. 524 (1973)

Board of Assessment and Revision of Taxes of Northampton County, Appellant, v. Bethlehem Housing Authority, Appellee.

Commonwealth Court of Pennsylvania.

November 14, 1973.

Attorney(s) appearing for the Case

Andrew L. Herster, County Solicitor, with him Renald S. Baratta, Assistant County Solicitor, for appellant.

Thomas J. Maloney, for appellee.

Argued October 3, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, November 14, 1973:

The question for decision in this case is aptly stated by appellant in its brief as follows: "Are structures permanently affixed to leased premises but subject to a collateral agreement that they remain the property of the lessee who constructs them or otherwise acquired title thereto, taxable as part of the real estate of the lessor?" Stated another way, does property that is owned by public housing authorities, the...

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