The Lower Merion School District has lost its appeal against a Montgomery County lawyer and other residents over a tax increase, after the Commonwealth Court disagreed with the district over the finality of a trial court injunction.

The Commonwealth Court dismissed the school district's appeal in an April 20 opinion, upholding an order by the Montgomery County Court of Common Pleas and ruling that the district waived its right to appeal by failing to file post-trial motions. The trial court had ordered the district to revoke a 4.4 percent tax increase for the 2016-2017 fiscal year, and enjoined the district from enforcing any tax increase above 2.4 percent. On appeal, the school district had argued that the injunction was an interlocutory order, but the appellate court disagreed.

“The trial court did not 'maintain the status quo,' as it would in a preliminary injunction, but enjoined the school district from enforcing or collecting a tax increase,” Judge Julia Hearthway wrote for the Commonwealth Court. “Thus, after looking at the 'nature of the relief granted,' we must conclude that a permanent injunction was issued by the trial court.”