DocketNumber： 1931 C.D. 2008, No. 1932 C.D. 2008
Citation Numbers： 977 A.2d 71, 2009 Pa. Commw. LEXIS 472, 2009 WL 1675865
Judges： Leadbetter, McGinley, Pellegrini, Jubelirer, Simpson, Leavitt, Butler
Filed Date： 6/17/2009
Status： Precedential
Modified Date： 10/26/2024
I must respectfully dissent. Given the specific mission of the Trust, which is conceded to be that of a purely public charity, I believe, as found by the trial court, that the Trust is currently “using” the properties in question for those charitable purposes. In addition, I believe the term “occupancy” means no more than regular use by the charitable institution. Accordingly, I would affirm the thoughtful decision of the Honorable R. Stanton Wettick, Jr.
Judge LEAVITT joins this dissenting opinion.