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COUNTY OF CARBON v. PANTHER VALLEY SCHOOL

Nos. 2059 C.D. 2011, 2060 C.D. 2011

61 A.3d 326 (2013)

The COUNTY OF CARBON, Charles Getz, William Ogurek, Wayne E. Nothstein, in their capacity of Commissioners of Carbon County, and Carbon County Tax Claim Bureau v. PANTHER VALLEY SCHOOL DISTRICT, Panther Valley School Board and Rosemary Porembo. Appeal of: Portnoff Law Associates, Ltd. The County of Carbon, and Charles Getz, William J. O'Gurek and Wayne E. Nothstein, in their Capacity as Commissioners of Carbon County, and The Carbon County Tax Claim Bureau v. The Panther Valley School District, and The Panther Valley School District School Board, and Rosemary Porembo, in her Capacity as Superintendent of the Panther Valley School District, and Ronald Slivka, Anthony Pondish, Anthony DeMarco, David Hiles, Thomas Shober, William Hunsicker, Jeff Markovich, Donald Trimmel, and R. Michey Angst, in their Capacity as Members of the Panther Valley School District School Board, Appellants.

Commonwealth Court of Pennsylvania.

Decided January 10, 2013.

Attorney(s) appearing for the Case

Robert P. Daday and Jeffrey C. Schwartz , Norristown, for appellant/appellee Portnoff Law Associates, Ltd.

David F. Conn , New Britain, for appellants/appellees Panther Valley School District, David Hiles, Anthony DeMarco, Rosemary Porembo, Panther Valley School District School Board, Ronald Slivka, Anthony Pondish, Thomas Shober, William Hunsicker, Jeff Markovich, Donald Trimmel and R. Mickey Angst.

Jane Roach Maughan , Stroudsburg, for appellees County of Carbon, William J. O'Gurek, Charles Getz and Wayne E. Nothstein.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and BROBSON, Judge.

OPINION BY Judge LEAVITT.

The Panther Valley School District and Portnoff Law Associates, Ltd. (Portnoff) (collectively, School District) appeal the writ of peremptory mandamus issued by the Court of Common Pleas of Carbon County (trial court) to the School District.1 The writ of mandamus ordered the School District to relinquish tax returns and data in its possession; to pay the County of Carbon commissions on delinquent real estate taxes...

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