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WEATHERLY SCH. v. WHITEWATER

532 Pa. 504 (1992)

616 A.2d 620

WEATHERLY AREA SCHOOL DISTRICT, Township of Lehigh and Jim Thorpe Area School District, Appellants, v. WHITEWATER CHALLENGERS, INC. and Pocono Whitewater Limited, Appellees.

Supreme Court of Pennsylvania.

Decided November 13, 1992.

Attorney(s) appearing for the Case

James R. Nanovic, Jim Thorpe, for Township of Lehigh.

Jane F. Engler, Jim Thorpe, for Jim Thorpe Area School Dist.

Daniel A. Miscavige, Hazelton, for Weatherly Area School Dist.

Lawrence W. Dague, Camp Hill, for appellee.

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

OPINION

ZAPPALA, Justice.

The question raised by this appeal is whether a municipality or school district may assess an amusement tax upon the admission of patrons to a business operated substantially on state property under license agreement with the Commonwealth.

Weatherly Area School District, Jim Thorpe School District and the Township of Lehigh (hereinafter "the taxing authorities") each enacted an ordinance...

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