Appeals, No. 44, March T., 1953, and No. 109, Jan. T., 1953, certified from Superior Court, April T., 1951, No. 84, and March T., 1952, No. 10, upon appeals from order of Court of Quarter Sessions of Allegheny County, May Sessions, 1950, Miscellaneous Docket, No. 54, and order of Court of Quarter Sessions of Union County, Jan. T., 1950, No. 2, in re Petition for Alteration of Lines of Indiana Township and Shaler Township, etc., and in re Boundary Line between Buffalo and East Buffalo Township, etc. Orders of Superior Court affirmed.
Alan D. Riester, with him William W. Milnes and Brandt, Riester and Brandt, for appellants (Appeal No. 44).
Ferdinand T. Weil, with him Andrew L. Weil and Weil, Vatz & Weil, for appellees (Appeal No. 44).
Clair Groover, for appellants (Appeal No. 109).
Charles Wolfe Kalp, for appellees (Appeal No. 109).
Before Stern, C.j., Stearne, Jones, Bell and Chidsey, JJ.
OPINION BY MR. CHIEF JUSTICE HORACE STERN
These cases were certified to this court by the Superior Court under section 10 of the Act of June 24, 1895, P.L. 212. The controlling question involved in each of them is whether a township may annex a substantial portion of the territory of another township in proceedings instituted under a statute providing merely for the alteration of the lines of two adjoining townships.
In the Alleghency County case a petition for the alteration of the lines of Indiana Township, which is a township of the second class, and Shaler Township, which is a township of the first class, was filed in the court of quarter sessions of the county by certain individual residents of both townships. The court appointed commissioners who held a hearing and subsequently filed a report recommending that the petition be granted and a new boundary line established as prayed for. The proceedings were based upon The Second Class Township Law of May 1, 1933, P.L. 103, sec. 302, as amended by the Act of July 10, 1947, P.L. 1481, sec. 3. The area to be detached from Indiana Township and annexed to Shaler Township embraced between 350 and 500 acres, being over one half mile in width and almost a mile and a half in length; it involved some 190 separate property owners and an adult population of approximately 300 persons; the assessed valuation of its property was over $500,000.00 or about
% of the total assessed valuation of Indiana Township.
The court confirmed nisi the report of the commissioners, but, exceptions having been filed by the Board of Supervisors of Indiana Township and certain owners of property situate in that township, the court sustained the exceptions on the ground that such an annexation of territory was not within the purview of the statute under which the proceedings were instituted. On appeal to the Superior ...