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SUSQUEHANNA COAL CO. v. MOUNT CARMEL AREA SCH. DIST.

798 A.2d 321 (2002)

SUSQUEHANNA COAL COMPANY, v. MOUNT CARMEL AREA SCHOOL DISTRICT, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 17, 2002.

Attorney(s) appearing for the Case

J. David Smith, Williamsport, for appellant.

William C. Cole, Kultmont, for appellee.

BEFORE: COLINS, President Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY President Judge COLINS.

Mount Carmel Area School District appeals from an order of the Court of Common Pleas of Northumberland County that found invalid a 10% tax imposed by the School District on the rental income derived from leases on unimproved land. We reverse the trial court.

In June of 1989 Susquehanna Coal Company sought a declaratory judgment declaring the newly enacted rental income tax invalid. Interlocutory orders have been appealed...

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