5125 5TH AVE., INC., v. BD. OF PROP. ASSESS., 417 Pa. 453 (1965)


209 A.2d 419

5125 Fifth Avenue, Inc., Appellant v. Board of Property Assessment. 5025 Fifth Avenue, Inc., Appellant v. Board of Property Assessment. Moorewood-Fifth Corporation, Appellant v. Board of Property Assessment.

Supreme Court of Pennsylvania.March 17, 1965.
April 20, 1965.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Appeals, Nos. 12, 13 and 14, March T., 1965, from orders of Court of Common Pleas of Allegheny County, April T., 1961, Nos. 1031, 1030, and 1029, in cases of 5125 Fifth Avenue, Inc. v. Board of Property Assessment, Appeals and Review of Allegheny County; 5025 Fifth Avenue, Inc. v. Same; and Moorewood-Fifth Corporation v. Same. Orders vacated.

Appeals by taxpayers from assessments by board of property assessment.

Appeals dismissed, opinion by SMART, J. Taxpayers appealed.

Leonard M. Mendelson, with him Edward C. Leckey, for appellants.

John F. Murphy, Assistant County Solicitor, with him James Victor Voss, Assistant County Solicitor, Francis A. Barry, First Assistant County Solicitor, and Maurice Louik, County Solicitor, for board, appellee.

OPINION PER CURIAM, April 20, 1965:

The orders of the Court of Common Pleas of Allegheny County are vacated and the matters are remanded to that court for further consideration and for such further proceedings as may be required in light of our

Page 454

recent decisions in Deitch Co. v. Bd. of Property Assessment, 417 Pa. 213, 209 A.2d 397 (1965), McKnight Shopping Center, Inc. v. Bd. of Property Assessment, 417 Pa. 234, 209 A.2d 389
(1965), Rieck Ice Cream Co. Appeal, 417 Pa. 249, 209 A.2d 383
(1965), and Pittsburgh Miracle Mile Town Country Shopping Center, Inc. v. Bd. of Property Assessment, 417 Pa. 243, 209 A.2d 394 (1965).

Mr. Chief Justice BELL concurs in the result.