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MURTAGH v. COUNTY OF BERKS

715 A.2d 548 (1998)

Merry J. MURTAGH, Spencer Lee Cherashore et al., Appellants, v. COUNTY OF BERKS and Berks County Board of Assessment Appeals et al.

Commonwealth Court of Pennsylvania.

Decided July 24, 1998.

Attorney(s) appearing for the Case

Dennis F. Sheils, Philadelphia, for appellants.

E. Thomas Henefer, Reading, for appellees, Board of Assessment Appeals.

Donald E. Wieand, Jr., Lehigh Valley, for appellees, Borough of Wyomissing Hills, et al.

Before COLINS, President Judge, and McGINLEY, SMITH, PELLEGRINI, FRIEDMAN, KELLEY and LEADBETTER, JJ.

KELLEY, Judge.

Mary J. Murtagh et al. (Taxpayers) appeal from the order of the Court of Common Pleas of Berks County (trial court) dated June 12, 1997 which granted the motion of the County of Berks (County) and the Berks County Board of Assessment Appeals (Board) for judgment on the pleadings. The order also dismissed with prejudice Taxpayers' amended complaint seeking monetary damages pursuant to 42 U.S.C. § 1983 (Section 1983). We affirm.

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