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PINECREST LAKE v. BD. OF ASSESSMENT APPEALS

No. 865 C.D. 2012.

64 A.3d 71 (2013)

In re Appeal from Decision of Monroe County Board of Assessment Appeals. PINECREST LAKE COMMUNITY TRUST, by its Trustee, Brendon J.E. CARROLL v. MONROE COUNTY BOARD OF ASSESSMENT APPEALS and Pocono Mountain School District. Appeal of Monroe County Board of Assessment Appeals.

Commonwealth Court of Pennsylvania.

Decided February 19, 2013.

Attorney(s) appearing for the Case

Mark S. Love , Assistant County Solicitor, Tannersville, for appellant.

Geoffrey S. Worthington , Tannersville, for appellees Pinecrest Lake Community Trust and Brendon J.E. Carroll.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

In this appeal, we are asked to review a trial court's determination that a planned residential development's golf course is entitled to a "common or controlled facilities" tax exemption under Section 5105(b)(1) of the Uniformed Planned Community Act1 (UPCA). The Monroe County Board of Assessment Appeals (Board) seeks review of an order of the Court of Common Pleas of Monroe County (trial court)

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