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DELAWARE COUNTY v. BERKS COUNTY

534 Pa. 81 (1993)

626 A.2d 528

DELAWARE COUNTY SOLID WASTE AUTHORITY, Appellant, v. BERKS COUNTY BOARD OF ASSESSMENT APPEALS and Boyertown Area School District, Appellees.

Supreme Court of Pennsylvania.

Decided June 1, 1993.

Reargument Denied August 12, 1993.

Attorney(s) appearing for the Case

Charles K. Serine, D.C.S.W.A., Reading, for appellant.

Louis R. Rizzuto, Bd. of Assmt., Reading, Jeffrey T. Sultanik, Wendy G. Rothstein, Brian E. Subers, Boyertown School Dist., Lansdale, for appellees.

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

OPINION OF THE COURT

MONTEMURO, Justice.

The issues presented for our review concern the extent to which property owned by a municipal authority and used as a landfill is either immune or exempt from taxation. The undisputed facts are as follows: The Delaware County Solid Waste Authority ("Authority") is a municipal authority created pursuant to the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, 53 P.S. § 301, et seq. The Authority...

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