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PETITION FOR ALTERATION LINES INDIANA AND SHALER TPS. APPEAL BEAL ET AL. (11/05/52)

November 5, 1952

PETITION FOR ALTERATION OF LINES OF INDIANA AND SHALER TPS. APPEAL OF BEAL ET AL.


COUNSEL

Alan D. Riester, William W. Milnes and Brandt, Riester & Brandt, Pittsburgh, for appellant.

Ferdinand T. Weil, Andrew L. Weil and Weil, Vatz & Weil, Pittsburgh, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Author: Arnold

[ 171 Pa. Super. Page 643]

ARNOLD, Judge.

The appellants brought a proceeding in the Court of Quarter Sessions of Allegheny County under Article

[ 171 Pa. Super. Page 644]

III, Section 302, of The Second Class Township Code, 53 P.S. § 19093-302, which appears in full on the margin,*fn1 and will be referred to in this opinion as the 'alteration of lines section.' The petitioners were residents of Indiana, a second class township, and of Shaler, a first class township. Under the Act the court appointed a commission which recommended that the township line between Indiana and Shaler Townships be altered, affecting an area comprising some '350 to 500 acres' with an assessed valuation of more than $564,000; the effect of which was to annex that area of Indiana Township to Shaler Township. On exceptions the court below held that the alteration of lines section of The Second Class Township Code*fn2 did not apply to an actual annexation, as here, of a large area which comprised ten per cent. of the total assessed valuation of Indiana Township. In other words, the court's position was that the instant case was, in fact an annexation proceeding whereby a part of a second class township was proposed to be annexed to a first class township, and further that such an annexation was not within the purview of the annexation statutes.*fn3 The order of the court below will be affirmed.

[ 171 Pa. Super. Page 645]

The statutory provisions concerning first class townships and second class townships were a hodgepodge (as were the many provisions relating to boroughs prior to the adoption of a borough code.) The First Class Township Law of 1931, P.L. 1206, 53 P.S. § 19092-101 et seq. was a codification relating particularly to first class townships. A revision of this Act was made by The First Class Township Code of 1949, P.L. 1955, 53 P.S. § 19092-101 et seq. Both of these codes contained a section regarding the alteration of township lines. None of them provided for annexation of a township by a township, although the Act of 1937, P.L. 620, 53 P.S. § 19092-311, contained a provision for annexation of a first class township to a contiguous borough or city, upon the consent of the electors of the township; and the Act of 1939, P.L. 430, 53 P.S. § 19092-312.1 et seq., provided for annexation of parts of first class townships in second class counties.

The law as to second class townships was codified by the Act of 1933, P.L. 103, 'The Second Class Township Law.' It contained the provisions relating to the alteration of township lines. It did not provide for any annexation to or of another township. It was reenacted and revised by the Act of 1947, P.L. 1481, known as 'The Second Class Township Code', 53 P.S. § 19093-101 et seq. Again there was no provision for annexation, but the section concerning alteration of township lines was retained.

The alteration of lines section was in existence prior to the enactment of any of the codes as to either class township, and was derived from the Act of 1834, P.L. 537 (repealed); the Act of 1854, P.L. 489 (repealed); and the Act of 1861, P.L. 539 (repealed). See ...


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