Opinion

Lutheran Home v. Board of Assessment Appeals

  • 100 Pa. Commw. 244
  • 515 A.2d 59
  • 1986 Pa. Commw. LEXIS 2498
Court
Commonwealth Court of Pennsylvania
Filed
Sep 3, 1986
Status
Published
Author
Colins
On the bench
Barbieri, Colins, MacPhail
Cited by
12 cases
Authority
More cited than 9.2%

The opinion

Concurring and Dissenting Opinion by

Judge Colins:

The trial courts finding of feet number 6 stated “that the health care center is open to the public, not primarily to residents of Luther Crest.” As such, it would appear that the health care facility is advancing a charitable purpose. Therefore, in my opinion, the matter should be remanded to the trial court for further factfinding and a determination as to the amount of partial exemption, if any, that Luther Crest would be entitled to for its operation of the health care facility. See *264 Presbyterian-University of Pennsylvania Medical Center v. Board of Revision of Taxes, Appeal of City of Philadelphia, 24 Pa. Commonwealth Ct. 461 , 357 A.2d 696 (1976); The Lutheran Home at Topton, Pennsylvania Tax Appeal, 6 Pa. Commonwealth Ct. 199 , 293 A.2d 888 (1972).

I agree with the majority’s reasoning as it relates to the remainder of the 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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