State Supreme Court to hear Lower Merion tax case

By

A new Pennsylvania law requires that school districts and local governments seek court approval before taking property by eminent domain if that property is under conservation easement. The law places a new hurdle The case has even attracted the attention of the state ACLU, which filed an amicus brief backing the school district’s right to appeal the original decision.(MONTCO.Today file photo.)

Arthur Wolk, an aviation attorney and Lower Merion resident, filed a law suit against Lower Merion School District in 2016 claiming misrepresentation of finances in order to secure a tax increase without approval of voters.

Now, more two years later, that case has mutated into a civil procedure clash that will go before the Pennsylvania Supreme Court on Wednesday. The case has even attracted the attention of the state ACLU, which filed an amicus brief backing the school district’s right to appeal the original decision, writes Avi Wolfman-Arent of WHYY for the Philadelphia Business Journal.


The original case has to do with whether Lower Merion broke the law in 2015-16 and 2016-17 when it raised property taxes more than 2.4 percent. A state law known colloquially as “Act 1” says school districts can’t raise taxes more than 2.4 percent unless they receive approval from district voters or a special waiver from the state. To get that waiver, a district has to prove it really needs the extra taxpayer money.

Lower Merion has done this repeatedly, but Wolk believes they’ve illegally spun their financial documents in order to get the waivers and circumvent voters.

Go to whyy.org for how this case could affect the ACLU.

For the complete story click here.

Stay Connected, Stay Informed

Subscribe for great stories in your community!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Advertisement