Supreme Court of Pennsylvania, 1965

Great Atlantic & Pacific Tea Co. v. Board of Property Assessment

Great Atlantic & Pacific Tea Co. v. Board of Property Assessment
Supreme Court of Pennsylvania · Decided April 20, 1965 · Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
417 Pa. 454; 209 A.2d 420; 1965 Pa. LEXIS 437

Great Atlantic & Pacific Tea Co. v. Board of Property Assessment

Concurring Opinion

Concurring Opinion by

Mr. Justice Roberts :

I concur in the result and would affirm the court below. The trial court here correctly applied the basic and governing principles we mostly recently expressed in Deitch Co. v. Bd. of Property Assessment, 417 Pa. 213, 209 A. 2d 397 (1965), Pittsburgh Miracle Mile Town & Country Shopping Center, Inc. v. Bd. of Property Assessment, 417 Pa. 243, 209 A. 2d 394 (1965), and McKnight Shopping Center, Inc. v. Bd. of Property Assessment, 417 Pa. 234, 209 A. 2d 389 (1965).

Mr. Justice Jones and Mr. Justice Cohen concur in this opinion.

Opinion of the Court

Opinion

Per Curiam,

The Board of Property Assessment, Appeals and Review introduced in evidence in the lower Court its record of assessment of appellant’s property, with a breakdown thereof into a valuation of land, and of machinery, and of the building thereon. That Court ruled that the records of the Board made out a prima facie case, and this had not been overcome by the taxpayer’s evidence of the value of the building.

The Court further found that the evidence produced by the taxpayer did not show that the assessment exceeded the market value of the property, or of the building, or proved a lack of uniformity. It is obvious that the Court did not believe the taxpayer’s evidence as to the value of the building, and for this reason (among others) we find no abuse of discretion or error of law in the Court’s dismissal of the appeal.

Order affirmed.

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