Sentner v. County of Washington

Commonwealth Court of Pennsylvania

Sentner v. County of Washington

437 A.2d 516, 63 Pa. Commw. 17, 1981 Pa. Commw. LEXIS 1921

CourtCommonwealth Court of Pennsylvania

DecidedNovember 30, 1981

DocketAppeal, No. 70 C.D. 1981

StatusPublished

This text of 437 A.2d 516 (Sentner v. County of Washington) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sentner v. County of Washington, 437 A.2d 516, 63 Pa. Commw. 17, 1981 Pa. Commw. LEXIS 1921 (Pa. Ct. App. 1981).

Pincite

Opinion

Opinion by

Judge Mencer,

Fred J. Sentner and Mary Jo Sentner, his wife, have appealed from an order of the Court of Common Pleas of Washington County sustaining preliminary objections to, and dismissing, their complaint in equity seeking injunctive and declaratory relief from the reassessment of their residence property for local tax purposes.

The court below correctly concluded that the Sentners’ remedy lies exclusively within the realm of the statutory appeal procedure relative to interim assessments and that it does not come within the equitable jurisdiction of the court of common pleas. We affirm the order from which appeal has been taken on the opinion of the court below dated December 12, 1980 and filed at No. 7720 in equity. See Borough of Green Tree v. Board of Property Assessments, 459 Pa. 268, [19]*19328 A.2d 819 (1974); Hudson v. Union County, 50 Pa. Commonwealth Ct. 378, 413 A.2d 1148 (1980); Appeal of Cedarbrook Realty, Inc., 39 Pa. Commonwealth Ct. 150, 395 A.2d 613 (1978).

Order

And Now, this 30th day of November, 1981, the order of the Court of Common Pleas of Washington County in the above captioned case, dated December 12,1980, is affirmed.

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Opinion by

Judge Mencer,

Fred J. Sentner and Mary Jo Sentner, his wife, have appealed from an order of the Court of Common Pleas of Washington County sustaining preliminary objections to, and dismissing, their complaint in equity seeking injunctive and declaratory relief from the reassessment of their residence property for local tax purposes.

The court below correctly concluded that the Sentners’ remedy lies exclusively within the realm of the statutory appeal procedure relative to interim assessments and that it does not come within the equitable jurisdiction of the court of common pleas. We affirm the order from which appeal has been taken on the opinion of the court below dated December 12, 1980 and filed at No. 7720 in equity. See Borough of Green Tree v. Board of Property Assessments, 459 Pa. 268, [19]*19328 A.2d 819 (1974); Hudson v. Union County, 50 Pa. Commonwealth Ct. 378, 413 A.2d 1148 (1980); Appeal of Cedarbrook Realty, Inc., 39 Pa. Commonwealth Ct. 150, 395 A.2d 613 (1978).

Order

And Now, this 30th day of November, 1981, the order of the Court of Common Pleas of Washington County in the above captioned case, dated December 12,1980, is affirmed.

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Bluebook (online)

437 A.2d 516, 63 Pa. Commw. 17, 1981 Pa. Commw. LEXIS 1921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sentner-v-county-of-washington-pacommwct-1981.

Opinion

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