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ST. ALOYSIUS v. FAYETTE COUNTY BD.

849 A.2d 293 (2004)

ST. ALOYSIUS R.C. CHURCH, c/o Reverend J. Edward McCullough, as Agent for Bishop Anthony G. Bosco, Trustee for the Roman Catholic Congregation at St. Aloysius, Dunbar, Fayette County, Pennsylvania, Appellant v. FAYETTE COUNTY BOARD OF ASSESSMENT APPEALS.

Commonwealth Court of Pennsylvania.

Decided May 11, 2004.

Attorney(s) appearing for the Case

Donald J. McCue, Connellsville, for appellant.

John S. Cupp, Jr., Uniontown, for appellee.

BEFORE: FRIEDMAN, Judge, and COHN, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN.

In the instant case we must determine whether the upper level of a house owned by St. Aloysius Roman Catholic Church (Church), which is used primarily and regularly for residential purposes, is subject to exemption from taxation on the basis that it is an "institution of purely public charity." For the reasons set forth, we agree with the trial court that the upper level is not subject to this exemption.

As background, Fayette County...

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