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WEISSENBERGER v. CHESTER BD. OF ASSESSMENT

No. 157 C.D. 2012.

62 A.3d 501 (2013)

Guntram WEISSENBERGER d/b/a Black Hawk Circle Apartments v. CHESTER COUNTY BOARD OF ASSESSMENT APPEALS and Downingtown Area School District. Appeal of: Downingtown Area School District.

Commonwealth Court of Pennsylvania.

Decided March 8, 2013.

Attorney(s) appearing for the Case

Mark P. Thompson and Scot R. Withers , West Chester, for appellant.

Charles G. Miller and Donald T. Petrosa , Media, for appellees Guntram Weissenberger and Black Hawk Circle Apartments.

Jeffrey R. Sommer , West Chester, for appellee Chester County Board of Assessment Appeals.

BEFORE: PELLEGRINI, President Judge, and LEADBETTER, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BROBSON, Judge.

OPINION BY Judge SIMPSON.

In these tax assessment appeals raising as-applied constitutional challenges, Downingtown Area School District (School District) appeals the decision of the Court of Common Pleas of Chester County (trial court) which reversed an increase in the assessed value of two parcels based on a determination that the School District intentionally and selectively exercised its right to appeal, thereby violating...

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