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CITY OF PHILA. ET AL. v. WEINER ET AL.

No. 1633 C.D. 1988.

121 Pa.Commw. 139 (1988)

550 A.2d 274

City of Philadelphia and W. Wilson Goode, Mayor, Genevieve Grant, Revenue Commissioner, Florence Scott, Commissioner of Records, Appellants v. Max Weiner and Consumers Education & Protective Association (CEPA), Appellees.

Commonwealth Court of Pennsylvania.

November 15, 1988.

Attorney(s) appearing for the Case

Seymour Kurland, City Solicitor, with him, Evan Meyer, Assistant City Solicitor, and Arlene F. Bell, Deputy City Solicitor, for appellants.

Max Weiner, appellee for himself.

David Kairys, with him, Adam Thurschwell, Kairys & Rudovsky, for appellee, Consumers Education & Protective Association (CEPA).

Howard D. Scher, with him, Dennis P. Lynch; Of Counsel: Lennard B. Steinberg, Montgomery, McCracken, Walker & Rhoads, for intervening appellees, Christopher Artur, Stephen F. Blau, Allan Domb, Joseph C. Fluehr, Jr., Joseph E. Sindoni and the Philadelphia Board of Realtors.

Argued September 14, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, DOYLE, BARRY, COLINS, PALLADINO and McGINLEY.

OPINION BY JUDGE CRAIG, November 15, 1988:

The City of Philadelphia appeals a decision of Judge MURRAY C. GOLDMAN, of the Court of Common Pleas of Philadelphia County, granting a preliminary injunction which enjoined the city from enforcing Bill 164, a provision to increase the amount of the city's real estate transfer tax.1

The issue presented in this appeal is whether a councilmanic bill to amend the Philadelphia realty transfer...

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