Opinion

United Laundries, Inc. v. Board of Property Assessment

  • 359 Pa. 195
  • 58 A.2d 833
Court
Supreme Court of Pennsylvania
Filed
Mar 23, 1948
Status
Published
Author
Allen
On the bench
Maxey, Drew, Linn, Stern, Patterson, Stearns, Jones
Cited by
24 cases
Authority
More cited than 0.6%

local real estate taxation

How later courts described this case

  • local real estate taxation

Written by the judges who cited it.

The opinion

*202

Dissenting Opinion by

Mr. Justice Allen M. Stearns:

I would affirm the unanimous decision of the Superior Court in the opinion by Judge Arnold, reported in 161 Pa. Superior Ct. 412 , affirming the opinion of Judge Soffel in the court below.

The machinery and equipment of a commercial laundry and of a carpet cleaning company,

not affixed to the

land, were taxed as part of the real estate. The Act of July 2, 1941 P. L. 219, section 1, subjects to taxation

“mills and

manufactories” as well as

“all other-real estate not exempt by loro from

taxation”. It is conceded that the machinery and equipment in this case are not part of and do not constitute “mills and manufactories”. The tax is imposed

solely

because the real estate, machinery and equipment are regarded as

“other real estate not exempt from

taxation”.

As Judge Arnold points out in his opinion a tax statute must be strictly construed. There can be no taxation by implication. This machinery and equipment, which is personal property, did not form part of a mill or manufactory. To form part of

“other real

estate”, personal property must be affixed to the land as in the case of a fixture.

For these reasons I dissent.

Mr. Justice Horace Stern joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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