Opinion

Rieck Ice Cream Co. Appeal

  • 417 Pa. 249
  • 209 A.2d 383
  • 1965 Pa. LEXIS 407
Court
Supreme Court of Pennsylvania
Filed
Feb 25, 1965
Status
Published
Author
Bell
On the bench
Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
Cited by
36 cases
Authority
More cited than 7.2%

noting, after requiring the trial court to accept the taxpayer’s unrebutted evidence of market value, the absence of any “finding or even suggestion that [the taxpayer’s] witnesses are not credible” (quoting Kemble’s Estate, 280 Pa. at 447, 124 A. at 696)

How later courts described this case

  • noting, after requiring the trial court to accept the taxpayer’s unrebutted evidence of market value, the absence of any “finding or even suggestion that [the taxpayer’s] witnesses are not credible” (quoting Kemble’s Estate, 280 Pa. at 447, 124 A. at 696)
  • an application for a review of an assessment not barred on principle of res judicata by determination made in earlier year; propriety of each years assessment presents a different cause of action
  • evidence should be directed to value of entire property, not merely to value of building on property

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Chief Justice Bell:

I would affirm the Order of the Court below for the reasons set forth at length in my dissenting opinions in Morris v. Bd. of Property Assessment, 417 Pa. 192 , 209 A. 2d 407 , and in Deitch Company v. Bd. of Property Assessment, 417 Pa. 213 , 209 A. 2d 397 .

Mr. Justice Musmanno joins in this Dissenting Opinion.

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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