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FISH v. TOWNSHIP OF LOWER MERION

No. 1940 C.D. 2013

100 A.3d 746 (2014)

George D. FISH, Stephen Hrabrick and Jonathan A. Briskin, Appellants v. TOWNSHIP OF LOWER MERION.

Commonwealth Court of Pennsylvania.

Decided September 19, 2014.

Attorney(s) appearing for the Case

Allan H. Freedman , Bryn Mawr, for appellants.

Kathleen M. Thomas , North Wales, for appellee.

BEFORE: DAN PELLEGRINI, President Judge, BONNIE BRIGANCE LEADBETTER, Judge, RENÉE COHN JUBELIRER, Judge, ROBERT SIMPSON, Judge, MARY HANNAH LEAVITT, Judge, P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge.

OPINION BY Judge BROBSON.

Appellants George D. Fish (Fish), Stephen Hrabrick (Hrabrick), and Jonathan A. Briskin (Briskin) (collectively, Lessors) initiated this declaratory judgment action in the Court of Common Pleas of Montgomery County (trial court), challenging the Township of Lower Merion's (Township) imposition of its business privilege tax (BPT), calculated using gross receipts, on Lessors, who lease real property within the Township. On cross-motions for...

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