AIRWAY ARMS, INC. ET AL. v. MOON AREA SCH. D.

No. 1313 C.D. 1979.

59 Pa.Commw. 94 (1981)

Airway Arms, Incorporated et al. v. Moon Area School District. James E. Tricco et al. v. Moon Area School District. Moon Area School District, Appellant,

Commonwealth Court of Pennsylvania.

April 30, 1981.


Attorney(s) appearing for the Case

John A. Robb, Jr., Robb, Leonard & Mulvihill, for appellant.

Richard H. Martin, with him Joan P. Feldman, Baskin & Sears, and C. William Berger, Berger, Kapetan, Malakoff & Meyers, for appellees, Airway Arms, Inc. et al.

Jeffrey S. Blum, with him John S. Bingler, Jr., and Glenn E. Bost, II, Thorp, Reed & Armstrong, for appellees, James E. Tricco et al.

Argued November 18, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, WILLIAMS, JR., CRAIG and PALLADINO. Judges MENCER and MacPHAIL did not participate.


OPINION BY JUDGE WILLIAMS, JR., April 30, 1981:

This case comes before the Court on an appeal from the determination of the Court of Common Pleas of Allegheny County that a resolution passed by the Moon Area School District which imposed a fifteen per cent parking tax on users of the parking lots adjacent to the Greater Pittsburgh International Airport is unconstitutional. The lower court found the tax to be...

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