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LYNNEBROOK AND WOODBROOK ASSOCIATES, L.P. EX REL. LYNNEBROOK MANOR, INC. v. MILLERSVILLE

No. 64 MAP 2007

963 A.2d 1261 (2008)

LYNNEBROOK AND WOODBROOK ASSOCIATES, L.P., By and Through its General Partner, LYNNEBROOK MANOR, INC., Appellants v. BOROUGH OF MILLERSVILLE, Appellee.

Supreme Court of Pennsylvania.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Lee A. Stivale, Louis M. Kodumal, Paul Joseph Toner, Law offices of Vincent B. Mancini & Associates, Media, for Lynnebrook and Woodbrook Associates and Lynnebrook Manor, Inc., appellants.

Josele Cleary, Morgan, Hallgren, Crosswell & Kane, P.C., Lancaster, for Borough of Millersville, appellee.

Charles Bernard Haws, Magda Bonutti Szabo, Barley Snyder, L.L.C., Reading, for Borough of Kutztown, appellee amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice TODD.

In this appeal, we are asked to determine whether the Commonwealth Court erred in upholding the trial court's determination that Millersville Borough Ordinance No. 2004-5, levying a $30 tax on the consummation of residential lease transactions, was permitted under Section 2(1) of the Local Tax Enabling Act ("LTEA").1 For the following reasons, we reverse...

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