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LUTES v. FAYETTE COUNTY BD. OF ASSESSMENT

936 A.2d 573 (2007)

Linda LUTES, Appellant v. FAYETTE COUNTY BOARD OF ASSESSMENT APPEALS.

Commonwealth Court of Pennsylvania.

Decided November 30, 2007.

Attorney(s) appearing for the Case

Jason T. Shipp and Bradley R. Andreen, Pittsburgh, for appellant.

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

BEFORE: COLINS, Judge, SIMPSON, Judge, and KELLEY, Judge.

OPINION BY Judge SIMPSON.

We are asked to consider whether retroactive assessment appeals are a lawful means to obtain refunds for overpayment of property taxes under an allegedly unconstitutional dual assessment scheme employed by Fayette County (County) from the mid-1970s until 2003. Linda Lutes challenges an order of the Fayette County Common Pleas Court (trial court) denying her request that the Fayette County Board of Assessment Appeals Board (Board) award her...

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