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DEL. VALLEY APT. H. O. A. ET AL. v. DEPT. OF REV.

No. 171 C.D. 1977.

36 Pa.Commw. 615 (1978)

Delaware Valley Apartment House Owners' Association by Paul R. Trichon, Trustee ad Litem and Hopkinson Associates, Petitioners v. Commonwealth of Pennsylvania, Department of Revenue, Respondent.

Commonwealth Court of Pennsylvania.

July 21, 1978.

Attorney(s) appearing for the Case

Barton A. Hertzbach, with him Frank E. Hahn, Jr., and Obermayer, Rebmann, Maxwell & Hippel, for petitioners.

R. Scott Shearer, Deputy Attorney General, for respondent.

Argued February 1, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE BLATT, July 21, 1978:

This is an action within our original jurisdiction seeking a declaratory judgment on the constitutionality of Section 201(m) of the Tax Reform Code of 19711 (Tax Code), 72 P.S. § 7201(m). The petitioners are the Delaware Valley Apartment House Owners' Association (association) and Hopkinson Associates, a limited partnership which owns...

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