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GM Berkshire Hills, Aplts. v. Berks Co. Bd.

Citation: Not availableDocket: 16 MAP 2022

Court: Supreme Court of Pennsylvania; February 27, 2023; Pennsylvania; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of GM Berkshire Hills LLC and GM Oberlin Berkshire Hills LLC v. Berks County Board of Assessment and Wilson School District, the Supreme Court of Pennsylvania's Middle District addressed an appeal from the Commonwealth Court, which had affirmed a prior order from the Berks County Court of Common Pleas. The appeal, originating from case number 18-18627, was argued on September 15, 2022. On February 28, 2023, the Supreme Court rendered a decision, stating that the Court was evenly divided on the matter, resulting in the affirmation of the Commonwealth Court's order. Notably, the Late Chief Justice Baer did not participate in the decision.

Legal Issues Addressed

Effect of Supreme Court Deadlock on Lower Court Decisions

Application: The Supreme Court's evenly divided decision results in the affirmation of the lower court's order without establishing a new precedent.

Reasoning: The Supreme Court rendered a decision, stating that the Court was evenly divided on the matter, resulting in the affirmation of the Commonwealth Court's order.

Judicial Participation in Decision-Making

Application: The absence of a participating justice can lead to an evenly divided court and impact the outcome of the appeal.

Reasoning: Notably, the Late Chief Justice Baer did not participate in the decision.