Contact Person:

Brook Duer Staff Attorney

Phone:

Email:

dhd5103@psu.edu

Case Law

The following resources represent a collection of court filings and judicial opinions regarding Clean and Green. Furthermore, the decisions may be viewed via an online legal database using the mentioned docket number.

This list of cases is not exhaustive.

Bowman v. Berks County Board of Assessment Appeals
Common Pleas Court of Berks County, No. 01-6801

  • Opinion (Dec. 20, 2001) (the trial court ordered that the Bowmans’ land be re-instated into the Clean & Green program and further ordered that the Bowmans were not liable for the roll-back penalty levied against them.)

Herzog v. McKean County Board of Assessment Appeals
Commonwealth Court of Pennsylvania, Nos. 1883 C.D. 2009, 1884 C.D. 2009

  • Opinion (Feb. 22, 2011) (the Commonwealth court affirmed a trial court’s order to deny plaintiffs’ appeal of the McKean County Board of Assessment’s property tax assessments for two parcels of property)

Maula v. Northampton County Division of Assessment
Commonwealth Court of Pennsylvania, No. 1341 C.D. 2015

  • Opinion (Nov. 7, 2016) (the Commonwealth court determined that a landowner’s failure to pay property taxes, which resulted in a tax-upset sale, was not a “split-off” under the Clean & Green Program and did not trigger the roll-back tax penalty)

Moyer v. Berks County Board of Assessment Appeals
Common Pleas Court of Berks County

  • Order (Aug. 30, 2011) (the trial court affirmed the decision of the Board and upheld the imposition of roll-back taxes for all three of the Moyer’s properties)

Commonwealth Court of Pennsylvania

  • Opinion & Order (Jun. 28, 2002) (trial court’s order vacated, and case remanded)

Supreme Court of Pennsylvania

  • Order (Dec. 5, 2002) (the Supreme Court denied petition for allowance of appeal from the Order of the Commonwealth Court)

Ollar v. Berks County Board of Assessment Appeals
Common Pleas Court of Berks County

Saenger v. Berks County Board of Assessment Appeals
Commonwealth Court of Pennsylvania, No. 3404 C.D. 1998

Supreme Court of Pennsylvania, No. 722 MD 1999

  • Order (Jan. 18, 2000) (the Supreme Court denied petition for allowance of appeal from the Order of the Commonwealth Court)

Sher v. Berks County Board of Assessment Appeals
Commonwealth Court of Pennsylvania, No. 1852 C.D. 2006