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DOWNINGTOWN v. CHESTER COUNTY BD.

913 A.2d 194 (2006)

DOWNINGTOWN AREA SCHOOL DISTRICT v. CHESTER COUNTY BOARD OF ASSESSMENT APPEALS and Lionville Station S.C. Associates Appeal of Lionville Station S.C. Associates.

Supreme Court of Pennsylvania.

Decided December 27, 2006.

Attorney(s) appearing for the Case

John Keenan Fiorillo, Esq., Unruh, Turner, Burke & Frees, P.C., for Lionville Station S.C. Associates.

Jeffrey R. Sommer, Esq., Buckley, Brion, McGuire, Morris & Sommer L.L.P., West Chester, for Chester County Board of Assessment Appeals.

Scot Russel Withers, Esq., Lamb McErlane, P.C., James E. McErlane, Esq., Lamb McErlane, P.C., West Chester, for Downingtown Area School District.

Gerald J. Pappert, Esq., PA Office of Attorney General, for Attorney General of the Commonwealth of PA.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice SAYLOR.1

This matter concerns the issue of whether the prevailing statutory scheme for tax equalization obviates the common law procedure for asserting a challenge under the Uniformity Clause of the Pennsylvania Constitution. This is an issue of first impression in this Court.

The subject property is a "neighborhood" (strip) shopping center located within Appellee Downingtown Area School District...

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