The Ridgway Area School District and the Elk County Commissioners are breathing a second sigh of relief after an appeal from school board member William Seely was denied by the Court of Common Pleas of the 59th District, Elk County Branch, on Monday, July 18.
Seely had initially filed a lawsuit that was dismissed alleging that the occupational and per capita tax collected were unconstitutional.
The lawsuit was filed in the beginning of 2010 shortly after Seely became a member of the school board.
Judge P. Kevin Brobson of the Court of Common Pleas sustained the preliminary objections filed by Elk County, Elk County Board of Commissioners, and the Ridgway Area School District.
“Defendants filed the preliminary objections in response to Seely's complaint, which we interpret as a constitutional challenge to the imposition of occupational and per capita taxes under The Local Tax Enabling Act, and a per capita tax under Section 679 of the Public School Code of 1949,” Brobson said in court documents. “The trial court granted the preliminary objections and dismissed Seely's complaint with prejudice, concluding that Seely could plead no facts that would support his claims. We affirm the trial court's order.”
Pick up a copy of the Tuesday, July 26, 2011 edition of The Ridgway Record for more.