SEPTA v. BD. OF ASSESS. AND REV. OF TAXES ET AL.

Nos. 697, 711 and 713 C.D. 1973.

13 Pa.Commw. 207 (1974)

Southeastern Pennsylvania Transportation Authority, Appellant, v. Board for the Assessment and Revision of Taxes of Delaware County, Township Commissioners of Upper Darby, and Board of School Directors of Upper Darby School District, Appellees. Southeastern Pennsylvania Transportation Authority, Appellant, v. Board for the Assessment and Revision of Taxes of Delaware County, Borough Council of the Borough of Darby, and Board of School Directors of Darby-Colwyn Joint School District, Appellees.

Commonwealth Court of Pennsylvania.

May 1, 1974.


Attorney(s) appearing for the Case

William T. Coleman, Jr., with him John F. Smith, III, Lewis H. VanDusen, Jr., Ralph B. D'Iorio, and, of counsel, Dilworth, Paxson, Kalish, Levy & Coleman, Drinker, Biddle & Reath and Cramp, D'Iorio, McConchie and Surrick, for appellant.

Lewis B. Beatty, Jr., Solicitor, School District of Upper Darby, Peter J. Nolan, Solicitor, Board of Assessment and Revision of Taxes of Delaware County, and Alvin S. Ackerman, Solicitor, Township of Upper Darby, for appellees.

Argued April 1, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, May 1, 1974:

The three cases1 before us for decision turn on the question of whether appellees, being a county, a township, a borough, and two school districts, have the authority to levy real estate taxes upon real estate owned by appellant, Southeastern Pennsylvania Transportation Authority (SEPTA). The lower court held that the appellees had such authority if the real estate against which the levy was made...

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