FLEETWOOD AREA SCHOOL DIST. v. BERKS COUNTY


821 A.2d 1268 (2003)

FLEETWOOD AREA SCHOOL DISTRICT, Appellant v. BERKS COUNTY BOARD OF ASSESSMENT APPEALS and Moselem Development Co. Fleetwood Area School District, Appellant v. Berks County Board of Assessment Appeals and Berkleigh Country Club, Appeal of Fleetwood Area School District. Governor Mifflin School District, Appellant v. Berks County Board of Assessment Appeals, and Flying Hills Apartment Co., II, Jere W. Whitman, J.W. Whitman, Inc., Byron Whitman and William B. Whitman, John and Despina Fragakis, Flying Hills Co., Cynthia W. Sledge, Flying Hills Apartment Co., III, Paul Michael, ARE Flying Hills One Partners, Richard J. Webb and Main Street Bank, Robert L. Moore, New Morton International, Inc., Shillington Shopping Center L.P., Mark Shillington, L.P., Brandywine Operating Partnership, L.P., Wendalin Whitman, Flying Hills Apartment Co., III, Healthsouth of Reading, Inc., Shillington Associates, Shillington Shopping Center, L.P., Richard J. Webb and Main Street Bank. Fleetwood Area School District, Appellant v. Berks County Board of Assessment Appeals and Rich Maiden Golf Course, Inc. (Three Cases).

Commonwealth Court of Pennsylvania.

Decided April 29, 2003.


Attorney(s) appearing for the Case

Arthur L. Piccone, Kingston, for appellant.

William F. Kerr, Philadelphia, for appellee, Brandywine Operating Partnership.

Kevin A. Moore, Wyomissing, for appellees, J. Whitman.

Lee E. Sapira, Fleetwood, for appellee, ARE Flying Hills I Partners.

Edwin L. Stock, Reading, for appellee, Berks County Board of Assessmant Appeals.

Richard E. Fehling, Reading, for appellees, Flying Hills Apartment Co. III, et al.

Jeffrey C. Karver, Boyertown, for appellee.

BEFORE: LEADBETTER, Judge, COHN, Judge (P.), and McCLOSKEY, Senior Judge.


OPINION BY SENIOR JUDGE McCLOSKEY.

The Fleetwood Area School District (Fleetwood Area SD) and the Governor Mifflin School District (Governor Mifflin SD) (collectively referred to as the Districts) appeal from numerous1 separate but identical orders of the Court of Common Pleas of Berks County (the trial court), granting the motions for summary judgment filed by the above-named property owners...

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