November 5, 1952
IN RE BOUNDARY LINE BETWEEN BUFFALO AND EAST BUFFALO TPS. UNION COUNTY
Clair Groover, Mifflinburg, for appellant.
Charles Wolfe Kalp, Lewisburg, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 171 Pa. Super. Page 653]
In this case a portion of Buffalo Township was sought actually to be annexed to East Buffalo Township, both townships being of the second class. The area affected was 4.1 square miles of Buffalo Township. The proceedings were under the alteration of township lines provision of The Second Class Township Code, 53 P.S. § 19093-302.
In opinion handed down this day in In re Petition for the Alteration of the Lines of of Indiana Township and Shaler Township, Pa. Super. 92 A.2d 241, we have held that the statutory provisions
[ 171 Pa. Super. Page 654]
concerning the alteration of township lines may not be used to effect what is actually an annexation. For the reasons set forth in that opinion this case also will be certified to the Supreme Court.
The order of the court below is reversed.
The question involved is so 'important as to make it expedient that the case should be decided by the supreme court,' and, accordingly, this case is certified to the Supreme Court in conformity with the Act of June 24, 1895, P.L. 212, § 10, 17 P.S. § 197.
RHODES, President Judge (dissenting).
For the reasons stated in may dissenting opinion in In re Petition for the Alteration of the Lines of Indiana Township and Shaler Township, Pa. Super., 92 A.2d 241, I note my dissent in this case. I would affirm the order of the court below both as to the legality of the proceeding under section 302 of the Second Class Township Code, 53 P.S. § 19093-302, and the propriety of the proceeding under the facts of the case.
DITHRICH and ROSS, JJ., join in this dissent.
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