EDWARDS v. COUNTY OF ERIE


932 A.2d 997 (2007)

Kelly M. EDWARDS and Demaris L. Edwards, t/d/b/a Lakeview on the Lake; Leo E. Gehres, Agnes C. Gehres and James A. Gehres, t/d/b/a Vernondale Motel; Maha Laxmi, Inc., t/d/b/a Travelodge; Marp, LLC, t/d/b/a Best Western; Paradise Lounge, Inc., t/d/ b/a The Flamingo Motel; Riviera Motel, Inc., t/d/b/a Riviera; Scott's Court-Peach, Inc., t/d/b/a Courtyard by Marriott and Ambassador Banquet and Conference Center, Erie, Pennsylvania; Scott's Express-Peach, Inc., t/d/b/a Holiday Inn Express, Erie, Pennsylvania; Scott's I-90, Inc., t/d/ b/a Days Inn, Erie, Pennsylvania; Scott's Inn-19, Inc., t/d/b/a Comfort Inn, Erie, Pennsylvania; Scott's Econo Inn, Inc., t/d/b/a Econo Lodge, Erie, Pennsylvania; Scott's Development Co., Inc., t/d/b/a Residence Inn by Marriott, Erie, Pennsylvania; Scott's M6 Erie, Inc., t/d/b/a Motel 6, Erie, Pennsylvania; Thomas Phillips, Donna Phillips, Tammy Sanfilippo and Gaile Phillips-Smith, t/d/b/a The Golden Triangle Motel, Erie, Pennsylvania, Appellants v. COUNTY OF ERIE, Pennsylvania; City of Erie, Pennsylvania; Erie County Convention Center Authority.

Commonwealth Court of Pennsylvania.

Decided August 22, 2007.

Reargument Denied October 16, 2007.


Attorney(s) appearing for the Case

Michael A. Agresti, Erie, for appellants.

W. Patrick Delaney, Erie and Christopher A. Stump, Lancaster, for appellees.

BEFORE: LEADBETTER, President Judge, SMITH-RIBNER, Judge, (P.), and FLAHERTY, Senior Judge.


Reargument Denied En Banc October 16, 2007.

OPINION BY President Judge LEADBETTER.1

A group of hoteliers in Erie County appeal from the order of the Court of Common Pleas that sustained the constitutionality of the Third Class County Convention Center Authority Act (Alternative Provision) (hereinafter referred to as the Act), Act of October 18, 2000, P.L. 541, as amended, 16 P.S. §§ 2399.51-2399.73,

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