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COUNTY OF ALLEGHENY APPEAL

Nos. 2165 C.D. 1984 and 2166 C.D. 1984.

110 Pa.Commw. 539 (1987)

533 A.2d 778

In Re: Appeal of Anton W. Bigman and Ingrid E. Bigman From Action of the Board of Property Assessment, Appeals and Review of Allegheny County, Pennsylvania, on Property Situate in the City of Pittsburgh. County of Allegheny, Appellant.

Commonwealth Court of Pennsylvania.

Reargued September 10, 1986.

October 29, 1987.

Attorney(s) appearing for the Case

D. R. Pellegrini, with him, Ira Weiss, Deputy County Solicitor, and James H. McLean, County Solicitor, for appellants.

Anton W. Bigman, for appellees.

Reargued September 10, 1986, before President Judge CRUMLISH, JR., Judges MACPHAIL, DOYLE, COLINS and PALLADINO.

OPINION BY JUDGE PALLADINO, October 29, 1987:

The County of Allegheny (Appellant) appeals from a decision of the Court of Common Pleas of Allegheny County which held that condominiums and their included air rights are to be taxed as buildings and not as land.

The facts are not in dispute. Anton W. Bigman and Ingrid E. Bigman (Taxpayers) own two condominiums in the city of Pittsburgh. The units are...

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