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CITY OF PGH. v. MELOGRANE

No. 1849 C.D. 1983.

89 Pa.Commw. 243 (1985)

City of Pittsburgh, a municipal corporation, Appellant v. Jules Melograne, t/a Eppy's Parking Lot, Appellee.

Commonwealth Court of Pennsylvania.

May 14, 1985.

Attorney(s) appearing for the Case

Ronald Pferdehirt, with him, Marvin A. Fein and Grace S. Harris, Assistant City Solicitors, and D. R. Pellegrini, City Solicitor, for appellant.

Samuel P. Kamin, for appellee.

Argued March 13, 1985, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE MacPHAIL, May 14, 1985:

The Appellant, the City of Pittsburgh (City), appeals from a decision of the Court of Common Pleas of Allegheny County which entered an order issuing a writ of mandamus to compel the City to refund to the Appellee, Jules Melograne, trading as Eppy's Parking Lot (Taxpayer), taxes which the City improperly collected. We reverse.

Taxpayer leased and operated a parking...

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