By Jim Melwert

LOWER MERION, PA (CBS) — Another blow to Lower Merion School District’s attempts to fend off a lawsuit that claims last year’s tax hike was bigger than allowed by law.

Pennsylvania’s Commonwealth Court denied Lower Merion School District’s request to have an appeal heard before all the judges.

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Court’s Decision To Revoke Lower Merion School District Tax Hike Stirs Fears

The court previously denied an appeal because the district’s lawyers failed to file post-trial motions.

All this after attorney Arthur Wolk successfully argued last summer in Montgomery County Common Pleas court that the district was raising taxes by more than is allowed by law, by doctoring numbers to forecast a deficit, while actually running a surplus.

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The school district says they plan to ask the state supreme court to now hear their appeal, a move Wolk says he believes is frivolous.

Lower Merion School District Loses Appeal In Tax Case

“I believe that petition will be denied,” he said. ” I don’t think theirs a prayer, that the decision will be granted.”

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Wolk calls it a stall-tactic so the district doesn’t have to refund the $4 million it has kept separate during the appeal.