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HIBBS v. CHESTER-UPLAND SCHOOL DIST.

146 Pa.Commw. 556 (1992)

606 A.2d 629

Donald HIBBS, Container Corporation and Chalmers & Kubeck, Inc., Appellants, v. CHESTER-UPLAND SCHOOL DISTRICT, Board of School Directors of Chester-Upland School District, Leo S. Holmes, Ellen Smith and William Costello, Appellees. ZENITH PRODUCTS CORPORATION, Appellant, v. CHESTER-UPLAND SCHOOL DISTRICT, Board of School Directors of Chester-Upland School District, Leo S. Holmes, Ellen Smith and William Costello, Appellees. CONTAINER CORPORATION OF AMERICA, Appellant, v. CHESTER-UPLAND SCHOOL DISTRICT, Board of School Directors of Chester-Upland School District, Leo S. Holmes, Ellen Smith and William Costello, Appellees. CHALMERS & KUBECK, INC., Appellant, v. CHESTER-UPLAND SCHOOL DISTRICT, Board of School Directors of Chester-Upland School District, Leo S. Holmes, Ellen Smith and William Costello, Appellees. Joseph STRONG, Eric Strong, Neil Strong, Partners, trading as Jen Industrial Campus, Appellants, v. CHESTER-UPLAND SCHOOL DISTRICT, Board of School Directors of Chester-Upland School District, Leo S. Holmes, Ellen Smith and William Costello, Appellees.

Commonwealth Court of Pennsylvania.

Decided March 26, 1992.

Reargument Denied May 14, 1992.

Attorney(s) appearing for the Case

Hugh M. Emory and W. Mark Mullineaux, for appellants.

Leo A. Hackett, for appellees.

Before CRAIG, President Judge, and COLINS, PALLADINO, McGINLEY, SMITH, PELLEGRINI and KELLEY, JJ.

KELLEY, Judge.

Can a real estate tax that is computed under a tax equalization formula specifically authorized by statute be invalid if proven to be in violation of the Uniformity Clause of the Pennsylvania Constitution, Pa. Const. art. VIII, § 1? For the following reasons, we believe that it can.

The appellants in these consolidated cases (collectively, taxpayers) are residents and taxpayers of Chester Township, Delaware County, a constituent municipality...

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