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Pennsylvania Supreme Court to Decide Definition of ‘Public Charity’

Howard Bashman reports that the Pennsylvania has agreed to hear an interesting case on the meaning of the phrase "purely public charity" in the Pennsylvania constitution:

The specific question that the court has granted review to consider and resolve is: Whether the Pennsylvania Legislature's enactment of criteria in Act 55 for determining if an organization qualifies as a "purely public charity" under Pennsylvania's Constitution is deserving of deference in deciding whether an organization qualifies as "a purely public charity" under Pennsylvania's Constitution, or has the test provided in Hospital Utilization Project v. Commonwealth, 487 A.2d 1306 (Pa. 1985), occupied the constitutional field, leaving no room for legislative influence and input?


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