Opinion

Licensed Beverage Ass'n of Philadelphia v. Board of Education of the School District

  • 669 A.2d 447
  • 1995 Pa. Commw. LEXIS 592
Court
Commonwealth Court of Pennsylvania
Filed
Dec 22, 1995
Status
Published
Author
Colins
On the bench
Colins, Doyle, Friedman, Kelley, Pellegrini
Cited by
10 cases

Abrogated on other grounds by Buffalo Township v. Jones, 571 Pa. 637 (2002)

Later courts went against this

  • Abrogated on other grounds by Buffalo Township v. Jones, 571 Pa. 637 (2002)

    669 A.2d 447, 450 (Pa. Cmwlth. 1995), abrogated on different grounds 28 by Buffalo Township v. Jones, 813 A.2d 659
    Supreme Court of PennsylvaniaDec 31, 20022 citing opinionsother groundsRead it

The opinion

COLINS, President Judge,

dissenting.

I respectfully dissent.

The authority for this taxing scheme is alleged to be found in Section 4 of the First Class School District Liquor Sales Tax Act of 1971 (Enabling Act), Act of June 10, 1971, P.L. 154, 53 P.S. § 16134, which has never been repealed but has not been used in over two decades.

The 23-year lapse between enactment and use is significant because the Enabling Act was originally enacted “to resolve an imminent financial crisis in the School District.” (Majority Opinion at 4). It strains credulity to believe that a stopgap “emergency” tax matter, which was designed to deal with an “imminent” crisis and which has lain dormant for 23 years, can be used as authority for the instant tax.

As well as being a regressive, ill-conceived tax, which probably diverts more revenues to the suburbs than it raises for the city (areas which are not subject to appellate review), the tax is also illegal.

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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