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SUNDERLAND PROPERTIES, INC. v. COUNTY OF BERKS, PA.

Civ. A. No. 89-5684.

750 F.Supp. 704 (1990)

SUNDERLAND PROPERTIES, INC., Hereford Investment Corporation, and All Those Who Purchased Real Property Within the County of Berks, Commonwealth of Pennsylvania and Who Incurred Tax Liability Upon Assessments on Such Property Which Assessment Was Increased According to the Purchase Price of Such Property or as a Result of the Purchase of Such Property Since January 1, 1987, A Class v. COUNTY OF BERKS, PENNSYLVANIA, the Berks County Board for the Assessment and Revision of Taxes, a/k/a the Board of Assessment of the County of Berks; the Berks County Board of Commissioners; Anthony J. Carabello, Michael F. Feeney, Glenn B. Reber, Donald J. Bagenstose and Vernon K. Shaffer, In Their Official Capacities, only, as Commissioners of the County of Berks; Paul W. Geiger, Donna J. Steward, William J. Schafer, Albert M. Shuman and Minnie Bertolet, In Their Official Capacities, only, as Members of the Berks Board For the Assessment and Revision of Taxes; the Chief Assessor of Berks County; and Clarence G. Hess, In His Official Capacity, only, as Chief Assessor of the County of Berks.

United States District Court, E.D. Pennsylvania.

October 19, 1990.

Attorney(s) appearing for the Case

William P. Barnett, Reading, Pa., for plaintiffs.

Daniel B. Huyett, Reading, Pa., for defendants.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

The defendants in the captioned matter have filed a motion to dismiss for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1).1 The defendants argue that the court should dismiss the plaintiffs' complaint with prejudice because of the Tax Injunction Act of 1937, because of the doctrine of comity, and because various doctrines of abstention should apply. A hearing on the defendants...

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