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EWAYS v. BOARD OF COM'RS OF BERKS COUNTY

717 A.2d 8 (1998)

Joseph M. EWAYS, II; and Park Road Inn, Inc., on its own Behalf and as General Partner of Park Road Inn, Limited Partnership, Appellants, v. BOARD OF COMMISSIONERS OF BERKS COUNTY, County of Berks and Berks County Convention Center Authority.

Commonwealth Court of Pennsylvania.

Decided July 24, 1998.

Attorney(s) appearing for the Case

David M. Kozloff, Wyomissing, for appellants.

Daniel B. Huyett, Reading, for appellees.

Before PELLEGRINI and FRIEDMAN, JJ., and JIULIANTE, Senior Judge.

PELLEGRINI, Judge.

John Eways, II (Eways) appeals from an order of the Court of Common Pleas of Berks County (trial court) holding that the 5% hotel room tax imposed by Berks County Ordinance 1-97 enacted pursuant to authorization contained in the Third Class County Convention Center Act (Act)1 is constitutional and that the proposed facility is a convention center within the meaning of the Act.

On December 27, 1994, the Pennsylvania...

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