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SCHOOL DIST. v. FARNHAM & PFILE CO.

878 A.2d 142 (2005)

SCHOOL DISTRICT OF THE CITY OF MONESSEN v. FARNHAM & PFILE COMPANY, INC., County of Westmoreland, Redevelopment Authority of the County of Westmoreland, and Westmoreland County Industrial Development Corporation Appeal of: Farnham & Pfile Company, Inc.

Commonwealth Court of Pennsylvania.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Robert L. Byer, Pittsburgh, for appellant.

Ira Weiss, Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge McGINLEY.

On July 18, 2003, the School District of the City of Monessen (School District) filed a Complaint in Declaratory Judgment seeking a declaration that Farnham & Pfile Company, Inc. (F & P) owed it certain "payments in lieu of taxes" (PILOTs) for Property located in a Keystone Opportunity Zone (KOZ). The parties filed cross motions for summary judgment. On August 4, 2004, the Court of Common Pleas of Westmoreland County (trial court...

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