DEIGENDESCH ET AL. v. CO. OF BUCKS ET AL.

Nos. 1136 C.D. 1981 and 116 C.D. 1982.

73 Pa.Commw. 488 (1983)

Lucille Lalmant Deigendesch and Jean Lalmant Leighton v. County of Bucks, Board of Assessment of the County of Bucks et al. Bucks County Board of Assessment Appeals, Appellant. In Re: Appeal of Feeneys Nursery, Inc. From the Order of Bucks County Board of Assessment Appeals etc. Bucks County Board of Assessment Appeals, Appellant.

Commonwealth Court of Pennsylvania.

April 18, 1983.


Attorney(s) appearing for the Case

Martin J. King, Solicitor, for appellant.

John Philip Diefenderfer, with him Robert F. Ruehl, Albert L. Blackman, Jr., Robert C. Steiger and Robert L. White, for appellees, Lucille Lalmant Deigendesch and Jean Lalmant Leighton.

William T. Renz, Power, Bowen & Valimont, for appellee, Feeneys Nursery, Inc.

Argued June 7, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., April 18, 1983:

These consolidated cases require that this Court examine an act1 permitting counties to covenant with property owners for the preservation of unimproved land to obtain preferential tax assessment treatment (Act). Under the provisions of such a covenant, a land owner agrees, on behalf of "himself and his successors and assigns in right...

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