LMSD Appeal In Tax Lawsuit Thrown Out

LOWER MERION, PA – The Lower Merion School District's appeal in a lawsuit that accused the district of imposing unnecessary taxes on residents was dismissed recently in a commonwealth court, according to the district. This means a previous ruling that the district must repay a portion of the 4.4 percent tax increase to residents stands.

"The decision is a technical one based not on the merits of the case, but on an interpretation of Pennsylvania civil procedure," the district said in a statement on the decision. "In short, the Court did not reach the question of whether there was wrongdoing by the District."

The fight isn't over for the district however.

"The District will thoroughly review the decision and carefully consider the next steps in our challenge of this case," the statement reads. "We look forward to the opportunity to present our arguments in full."

The lawsuit was filed by attorney Arthur Wolk on behalf of Lower Merion Township residents who said a 4.4 percent tax hike was unlawful and over the maximum allowed by the state of Pennsylvania.

Montgomery County Court of Common Pleas Judge Joseph A. Smyth placed an injunction on the district last year saying it could not enact the increase and was only allowed to raise taxes by 2.4 percent per the Taxpayer Relief Act of 2006.

Wolk told Maine Line Media News that with the appeal being thrown out, the injunction is permanent and called the Commonwealth Court's decision a win for taxpayers.

"We are grateful for the ongoing support and encouragement of residents and organizations across the state that continue to advocate on our behalf," the district said in a statement. "This is an important case with significant consequences. We look forward to our continued, shared efforts to preserve and protect quality public education and the democratic principles of local control."

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