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ALLEGHENY ENERGY v. GREENE COUNTY BD.

837 A.2d 665 (2003)

ALLEGHENY ENERGY SUPPLY COMPANY, LLC v. GREENE COUNTY BOARD OF ASSESSMENT APPEALS, Appellant. Allegheny Energy Supply Company, LLC et. al., v. County of Greene, Board of Assessment Appeals. Appeal of Southeastern Greene School District.

Commonwealth Court of Pennsylvania.

Decided December 9, 2003.

As Amended January 7, 2004.

Attorney(s) appearing for the Case

Lee V. Price, Pittsburgh, for appellant, Southeastern Greene School District.

David C. Hook, Waynesburg, for appellee, Greene County Board of Assessment Appeals.

Carleton O. Strouss, Harrisburg, for appellee, Allegheny Energy Supply Co.

BEFORE: McGINLEY, J., SIMPSON, J., and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

The Greene County Board of Assessment Appeals (Board) and the Southeastern Greene School District (District) appeal from an order of the Court of Common Pleas of the 13th Judicial District, Greene County (trial court) which determined that smoke stacks, cooling towers and a water intake structure located on land owned by Allegheny Energy Supply Co. (Allegheny) are excluded from real estate taxation under Section 201 of the Fourth...

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