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MUN. OF MONROEVILLE APPEAL

Nos. 1065 C.D. 1988 and 1069 C.D. 1988.

124 Pa.Commw. 463 (1989)

556 A.2d 924

In Re: Appeal of Gateway School District from the Action of The Board of Property Assessment, Appeals and Review of Allegheny County on Property Owned by Cobra Development Corp. The Municipality of Monroeville, Appellant. In Re: Appeal of Gateway School District from the Action of The Board of Property Assessment, Appeals and Review of Allegheny County on Property Owned by Cobra Development Corp. The Gateway School District, Appellant.

Commonwealth Court of Pennsylvania.

March 29, 1989.

Attorney(s) appearing for the Case

John F. Cambest, Dattilo, Barry, Fasulo & Cambest, for Municipality of Monroeville, appellant.

Thomas M. Rutter, Jr., with him, Patrick J. Clair, Goehring, Rutter & Boehm, for Gateway School District, appellant.

Karl Osterhout, with him, Robert N. Peirce, Jr., Robert N. Peirce, Jr. & Associates, for Cobra Development Corporation, appellee.

Argued February 7, 1989, before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 29, 1989:

This is an appeal by Gateway School District and the Municipality of Monroeville challenging the propriety of an order of the Court of Common Pleas of Allegheny County that (1) allowed the discontinuance of Gateway's court appeal of Cobra Development Corporation's real estate tax assessment for the tax year 1985, but (2) refused to discontinue Cobra's automatic appeals...

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