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IN RE SOMERSET COUNTY TAX SALE

No. 401 C.D. 2010.

14 A.3d 180 (2010)

In re: SOMERSET COUNTY TAX SALE OF REAL ESTATE ASSESSED IN THE NAME OF TUB MILL FARMS, INC., Parcel No. 14-0-000350, Map No. 202-005-29, Elk Lick Township Somerset County, Pennsylvania. Appeal of: Somerset County Tax Claim Bureau.

Commonwealth Court of Pennsylvania.

Decided December 30, 2010.

Reargument Denied March 10, 2011.

Attorney(s) appearing for the Case

William E. Seger , Somerset, for appellant.

William J. Wyrick , Cranberry Township, for appellee Tub Mill Farms, Inc.

BEFORE: COHN JUBELIRER, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge BROBSON.

Somerset County Tax Claim Bureau (Bureau) appeals from an order of the Court of Common Pleas of Somerset County (trial court), dated February 26, 2010, which granted the petition of Tub Mill Farms, Inc. (Tub Mill) to set aside a tax sale. The trial court determined that the subject real property was not properly posted pursuant to Section 602(e)(3) of the Real Estate Tax Sale Law (RETSL).1 We reverse.

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