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GREENWOOD GAMING v. COM., DEPT. OF REVENUE

No. 796 M.D. 2010.

22 A.3d 286 (2011)

GREENWOOD GAMING AND ENTERTAINMENT, INC., Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 5, 2011.

Attorney(s) appearing for the Case

Robert B. Hoffman , Harrisburg, for petitioner.

Patrick S. Cawley , Deputy Attorney General, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY President Judge LEADBETTER.

Presently before this court in its original jurisdiction is the preliminary objection (demurrer) of the Commonwealth, Department of Revenue, to the petition for review filed by Greenwood Gaming and Entertainment, Inc., seeking relief in the nature of a declaratory judgment. Specifically, Greenwood seeks a declaration that the tax rate imposed pursuant to 4 Pa.C.S. § 13A62 on the...

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