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PA. BUILDERS ASSO. v. PA. DEPT. OF REV.

No. 3551 C.D. 1986.

122 Pa.Commw. 493 (1989)

552 A.2d 730

Pennsylvania Builders Association; G. Keith Constructors, Inc., David G. Heisey Development Company, Inc., and David G. Heisey, Inc., Petitioners v. Commonwealth of Pennsylvania, Department of Revenue, Respondent.

Commonwealth Court of Pennsylvania.

January 6, 1989.

Attorney(s) appearing for the Case

Donald J. Murphy, with him, Loudon L. Campbell, Calkins & Campbell, for petitioners.

Ronald H. Skubecz, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for respondent.

Argued September 16, 1988, before Judges DOYLE and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE DOYLE, January 6, 1989:

Before us for consideration are cross-motions for summary judgment filed by the Pennsylvania Builders Association and several individual builder-developers (Petitioners), and the Commonwealth of Pennsylvania, Department of Revenue (Department). Petitioners commenced this action by filing a petition for review in the nature of a complaint and subsequently filed an amended petition for review in the nature of a complaint within...

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