HIGHLAND TP. v. COUNTY OF ELK


740 A.2d 279 (1999)

HIGHLAND TOWNSHIP v. The COUNTY OF ELK, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners. Johnsonburg Area School District v. The County of Elk, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners. Jones Township v. The County of Elk, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners. Millstone Township v. The County of Elk, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners. The Ridgway Area School District v. The County of Elk, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners. The Township of Ridgway v. The County of Elk, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners. The Township of Spring Creek v. The County of Elk, and June H. Sorg, Christine Gavazzi and Joseph E. Koch, individually and as members of the Elk County Board of Commissioners, Appellants.

Commonwealth Court of Pennsylvania.

Decided October 26, 1999.

As Amended November 5, 1999.


Attorney(s) appearing for the Case

Bradley J. Kraus, Johnsonburg, for appellants.

James H. DeVittorio, Ridgway, for appellee, Township of Ridgway.

Before DOYLE, President Judge, PELLEGRINI, J., and NARICK, Senior Judge.


PELLEGRINI, Judge.

The County of Elk, June H. Sorg, Christine Gavazzi and Joseph Koch, Commissioners (collectively, the County) appeal from an order of the Court of Common Pleas of the Fifty-Ninth Judicial District, Elk County Branch (trial court) finding that the County was not entitled to impose a 2% administrative fee on national forest fund money that it distributed to Highland Township, Spring Creek Township, Jones Township...

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