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GASS v. COUNTY OF ALLEGHENY, PA.

No. 03-2679.

371 F.3d 134 (2004)

Herbert S. GASS, Jr.; John Zitelli, an individual; Diane Zitelli, his wife; Jeff Corsello, an individual; Lynn Corsello, his wife; Michael Leahy, an individual; Domenic Dipilato, an individual; Anna Dipilato, his wife; Robinhill Development Company v. COUNTY OF ALLEGHENY, PENNSYLVANIA; Board of Property Assessment, Appeals and Review of Allegheny County; Kevin McKeegin, an individual; Patricia McCullough, an individual; Jerry Speer, an individual; James Skinzer, an individual; Deborah Baron, an individual; Frederick Valencenti, an individual Herbert S. Gass, Jr.; John Zitelli; Diane Zitelli; Jeff Corsello; Lynn Corsello; Robinhill Development Company, Appellants.

United States Court of Appeals, Third Circuit.

June 10, 2004.

Attorney(s) appearing for the Case

Robert A. Goldman (Argued), Pittsburgh, for Appellants.

Charles P. McCullough, County Solicitor, Caroline P. Liebenguth (Argued), Assistant County Solicitor, Isobel Storch Solicitor, Board of Property Assessment, Office of Allegheny County Law Department, Pittsburgh, for Appellees.

Before SLOVITER, RENDELL, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellants, property-owning taxpayers in Allegheny County, filed this suit asserting that the Allegheny County Board of Property Assessment, Appeals and Review (the Board) has adopted a policy, custom or practice in processing appeals from property tax assessments that violates their rights to due process. The District Court dismissed this action for lack of subject-matter jurisdiction because of the Tax...

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