ST. MARGARET SENECA PLACE v. BOARD


536 Pa. 478 (1994)

640 A.2d 380

In re ST. MARGARET SENECA PLACE, Appellant, v. BOARD OF PROPERTY ASSESSMENT, APPEALS AND REVIEW, COUNTY OF ALLEGHENY and Municipality of Penn Hills, County of Allegheny, and The Penn Hills School District of Allegheny County, Appellees.

Supreme Court of Pennsylvania.

Decided April 20, 1994.


Attorney(s) appearing for the Case

Ira Weiss, Deputy County Sol., for County of Allegheny.

Lee V. Price, Maiello, Andrews & Price, Pittsburgh, for Penn Hills School Dist.

Stephen A. Zappala, Jr., Pittsburgh, for Bd. of Property Assessment, Appeals and Review.

August C. Damian, Damian & Deluca, Pittsburgh, for Municipality of Penn Hills.

Philip J. Tannenbaum, and Michael J. Campbell, Philadelphia, for amicus curiae, Pennsylvania Health Law Project, Inc.

Edward V. Weisgerber, David R. Cohen, Robert L. Byer, Kirkpatrick & Lockhart, Pittsburgh, for appellant.

Allen C. Warshaw, Roland Morris, Duane, Morris & Heckscher, Philadelphia, for amicus curiae, The Hospital Ass'n of PA.

Seymour J. Schafer, Kenneth A. Eisner, Markel, Schafer & Means, P.C., Pittsburgh, for amicus curiae, The Hospital Council of Western PA.

Joseph C. Bright, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, for amicus curiae, Pennsylvania Ass'n of Non-Profit Nursing Homes for the Aging.

Richard E. Connell, Ball, Skelly, Murren & Connell, Harrisburg, for amicus curiae, Pennsylvania Catholic Conference and Pennsylvania Catholic Health Ass'n.

Howard M. Soloman, Stewart M. Weintraub, Abrahams, Loewenstein, Bushman & Kauffman, P.C., Philadelphia, for amicus curiae, American Jewish Congress, Pennsylvania Council of Churches, Jewish Fed.

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


OPINION OF THE COURT

FLAHERTY, Justice.

This appeal from the order of the Commonwealth Court, 145 Pa.Cmwlth. 615, 604 A.2d 1119, involves a determination of whether a nursing home meets the criteria to be exempted from payment of property taxes. The trial court determined that St. Margaret Seneca Place, a nursing home in Penn Hills, meets all the criteria for classification as a purely public charity set forth in...

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