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CHELTENHAM TP. v. CHELTENHAM CINEMA

548 Pa. 385 (1997)

697 A.2d 258

CHELTENHAM TOWNSHIP, Appellant, v. CHELTENHAM CINEMA, INC., Appellee.

Supreme Court of Pennsylvania.

Decided June 18, 1997.

Reargument Denied September 5, 1997.

Attorney(s) appearing for the Case

Andrew B. Canton, for Cheltenham Township.

Roberta B. Binder, Blue Bell, for Appellants.

Lewis A. Grafman, Gaele McLaughlin Barthold, Philadelphia, for Chelterham Cinema, Inc.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION

NIGRO, Justice.

In this business privilege tax case, Cheltenham Cinema ("the Cinema") operated a movie theater in Cheltenham Township ("the Township") between 1978 and 1987. During these years, the Cinema paid an annual business privilege tax to the Township on all non-admissions revenues, including revenues from concession sales.1 See Trial Court Opin. at 2. However, during these same years, the Cinema...

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