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BOLD CORP. v. COUNTY OF LANCASTER

801 A.2d 469 (2002)

BOLD CORP., As Trustee for Masspa Realty Trust, t/d/b/a Lancaster Host Resort and Conference Center; Inn Management Services, Inc., t/d/b/a Eden Resort Inn and Conference Center; First DFI Partnership, L.P., t/d/b/a The Ramada Inn; Continental Inns of America, Inc., t/d/b/a Continental Inn; Historic Realty, Inc., t/d/b/a Historic Strasburg Inn; Family Time of Hershey Farm, Inc., t/d/b/a Hershey Farm Restaurant & Motor Inn; Dommel's Hotel Management, Inc., t/d/b/a Your Place Country Inn; Kim-Motel Corporation; t/d/b/a Quality Inn & Suites; Historic Revere Tavern & Motor Inn, Inc., t/d/b/a Best Western Revere; Pentidattilo Corporation, t/d/b/a Italian Villa Motel; and Ara Motel, Appellees, v. COUNTY OF LANCASTER, City of Lancaster and Lancaster County Convention Center Authority, Appellants.

Supreme Court of Pennsylvania.

Decided July 16, 2002.

Attorney(s) appearing for the Case

Joseph J. McAlee, Joseph R. Podraza, Philadelphia, Jeffry William Duffy, Reading, Christopher A. Stump, Richard A. Sprague, Charles J. Hardy, Tyler Ewell Wren, Philadelphia, Daniel Boyd Huyett, Reading, Thomas A. Sprague, Philadelphia, for County of Lancaster, et al.

Adrian Renz King, Kenneth M. Jarin, Philadelphia, for PA League of Cities and Municipalities amicus curiae.

Robert M. Frankhouser, Lancaster, for School District of Lancaster amicus curiae.

George C. Werner, for Lancaster Chamber of Commerce & Industry, et al. amicus curiae.

Matthew James McLaughlin, for Erie Co. & Erie Co. Convention Ctr. Auth. amicus curiae.

Kathryn Lease Simpson, Pittsburgh, Charles B. Zwally, Daniel Lawrence Sullivan, Christopher C. Conner, Harrisburg, for Bold Corp., et al.

Before: ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Chief Justice ZAPPALA.

We granted allocatur in this matter to address the issue of whether the Third Class County Convention Center Authority Act (Act), 16 P.S. § 2399.1 et seq., and more particularly, a hotel room tax imposed in Lancaster County pursuant to Section 2399.23 of the Act, is constitutional as applied to Appellants under both the United States and Pennsylvania Constitutions.

On December 27, 1994, the original...

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