Circle of Seasons CS v. Northwestern Lehigh SD, Pet

Supreme Court of Pennsylvania

Circle of Seasons CS v. Northwestern Lehigh SD, Pet

DecidedSeptember 28, 2022

Docket172 MAL 2022 (Granted)

StatusPublished

This text of Circle of Seasons CS v. Northwestern Lehigh SD, Pet (Circle of Seasons CS v. Northwestern Lehigh SD, Pet) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Circle of Seasons CS v. Northwestern Lehigh SD, Pet, (Pa. 2022).

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Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

CIRCLE OF SEASONS CHARTER : No. 172 MAL 2022 SCHOOL, : : Respondent : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : NORTHWESTERN LEHIGH SCHOOL : DISTRICT, : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 28th day of September, 2022, the Petition for Allowance of Appeal

is GRANTED. The issues, condensed and reformulated for clarity, are:

1. Did the Commonwealth Court err in reversing the trial court’s ruling that it had no jurisdiction to entertain the Circle of Seasons Charter School’s tax refund claims for tax years 2017 and 2018 because Circle of Seasons had failed to seek redesignation of those properties as nontaxable before the Lehigh County Board of Assessment Appeals before seeking refunds for those years, thus failing to exhaust its administrative remedies pursuant to Pa.R.C.P. 1028(a)(7)?

2. Did the Commonwealth Court err in directing a remand to the Lehigh County Board of Assessment Appeals for an appeal nunc pro tunc of the taxpayer’s taxable designation of two properties for tax years 2017 and 2018 on the basis of defective notice of the designation, when the taxpayer paid those levies, did not seek redesignation or refunds for 2017 and 2018 when it challenged its 2019 taxable designation before the Board, did not name the Board as a party to a claim relying upon a defective reassessment notice, and did not seek nunc pro tunc relief from the Commonwealth Court?

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

CIRCLE OF SEASONS CHARTER : No. 172 MAL 2022 SCHOOL, : : Respondent : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : NORTHWESTERN LEHIGH SCHOOL : DISTRICT, : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 28th day of September, 2022, the Petition for Allowance of Appeal

is GRANTED. The issues, condensed and reformulated for clarity, are:

1. Did the Commonwealth Court err in reversing the trial court’s ruling that it had no jurisdiction to entertain the Circle of Seasons Charter School’s tax refund claims for tax years 2017 and 2018 because Circle of Seasons had failed to seek redesignation of those properties as nontaxable before the Lehigh County Board of Assessment Appeals before seeking refunds for those years, thus failing to exhaust its administrative remedies pursuant to Pa.R.C.P. 1028(a)(7)?

2. Did the Commonwealth Court err in directing a remand to the Lehigh County Board of Assessment Appeals for an appeal nunc pro tunc of the taxpayer’s taxable designation of two properties for tax years 2017 and 2018 on the basis of defective notice of the designation, when the taxpayer paid those levies, did not seek redesignation or refunds for 2017 and 2018 when it challenged its 2019 taxable designation before the Board, did not name the Board as a party to a claim relying upon a defective reassessment notice, and did not seek nunc pro tunc relief from the Commonwealth Court?

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Circle of Seasons CS v. Northwestern Lehigh SD, Pet, Counsel Stack Legal Research, https://law.counselstack.com/opinion/circle-of-seasons-cs-v-northwestern-lehigh-sd-pet-pa-2022.