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BET LEHIGH REAL ESTATE v. SCHUYLKILL CTY.

Nos. 1385 C.D. 2012, 1386 C.D. 2012

67 A.3d 845 (2013)

BET LEHIGH REAL ESTATE, LLC, Appellant v. SCHUYLKILL COUNTY BOARD OF ASSESSMENT APPEALS, Schuylkill County Commissioners, Borough of Tamaqua, and Tamaqua Area School District.

Commonwealth Court of Pennsylvania.

Decided April 10, 2013.

Attorney(s) appearing for the Case

Dirk S. Berger , Pottsville, and Bert M. Goodman , Wayne, for appellant.

Jeffrey P. Bowe , Tamaqua, for appellee Tamaqua Area School District.

Robert S. Frycklund , Pottsville, for appellees Schuylkill County Board of Assessment Appeals and Schuylkill County Commissioners.

BEFORE: PELLEGRINI, President Judge, and SIMPSON, Judge (P.), and COLINS, Senior Judge.

OPINION BY Judge SIMPSON.

In these consolidated appeals, BET Lehigh Real Estate, LLC (BET) challenges orders of the Court of Common Pleas of Schuylkill County (trial court) that denied its real estate tax assessment appeals for two tax parcels that are underlain by subsurface coal. BET's primary theory before the trial court was that Schuylkill County's (County) failure to abide by its statutory mandates to maintain tax parcel maps and property record cards for these...

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