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GEIER v. TAX CLAIM BUREAU

527 Pa. 41 (1991)

588 A.2d 480

Betty GEIER, Colitz Coal Company a/k/a Colitz Mining Company and Frank J. Colitz, Jr., Appellees, v. TAX CLAIM BUREAU OF SCHUYLKILL COUNTY, Appellant, John P. McCord, Intervenor/Appellant. ST. CLAIR AREA SCHOOL BOARD OF EDUCATION, Appellee, v. TAX CLAIM BUREAU OF SCHUYLKILL COUNTY, Appellant, John P. McCord, Intervenor/Appellant.

Supreme Court of Pennsylvania.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Lloyd R. Hampton, Sol. for Schuylkill County Tax Claim Bureau, for appellant.

Michael A. O'Pake, Maria Casey, Pottsville, for intervenor — John P. McCord.

Ronald R. Pellish, Pottsville, for Betty Geier, Colitz Coal Co., a/k/a Colitz Mining Company and Frank J. Colitz, Jr.

Lester Krasno, Andrew Onwudinjo, Pottsville, for Betty Geier, Colitz Coal Co., a/k/a Colitz Mining Co. and Frank J. Colitz, Jr.

Stephen P. Ellwood, Schuylkill Haven, for St. Clair Area School Bd. of Educ.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant, the Tax Claim Bureau of Schuylkill County, challenges the order of the Commonwealth Court which set aside the upset tax sale of appellees' real estate due to lack of notice to one of the record owners. 131 Pa.Cmwlth. 321, 570 A.2d 134. The issue is whether the principles enunciated in Tracy v. County of Chester, Tax Claim Bureau...

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