HEGNER PHARMACY SERV. v. BOROUGH OF BEAVER


786 A.2d 1030 (2001)

HEGNER PHARMACY SERVICES, INC., Appellant, v. BOROUGH OF BEAVER.

Commonwealth Court of Pennsylvania.

Decided November 13, 2001.


Attorney(s) appearing for the Case

Edward S. Young, Beaver Falls, for appellant.

John J. Petrush, Beaver, for appellee.

Before PELLEGRINI, Judge, LEADBETTER, (P.)Judge, JIULIANTE, Senior Judge.


PELLEGRINI, Judge.

Hegner Pharmacy Services, Inc. (Hegner) appeals from an order of the Court of Common Pleas of Beaver County (trial court) modifying a decision of the Beaver Borough Council (Borough Council) determining that only that portion of Hegner's gross receipts derived from the preparation and dispensing of prescription drugs and devices were subject to the Borough of Beaver's (Borough) Business Privilege Tax.

In March 1960, the Borough enacted Ordinance...

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