Appeal, No. 203, Jan. T., 1953, from order of Court of Quarter Sessions of Lancaster County, Sept. Sessions, 1952, Minutes 553 1/2, in re Lancaster City Ordinance No. 27-1952. Order reversed.
William B. Arnold, for appellants.
Bernard M. Zimmerman, City Solicitor, and John B. Rengier, Assistant City Solicitor, for appellee.
Paul E. Mueller, for petitioning property owner, appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE MUSMANNO
The Board of Commissioners, School District and Tax Collector of Manheim Township, and an individual taxpayer William C. Schwartz, have appealed from the decision of the Court of Quarter Sessions of Lancaster County, affirming the annexation of 0.522 acres in Manheim Township to the City of Lancaster, by Ordinance No. 27-1952, enacted September 16, 1952.
On appeal to this Court the appellants submit arguments as to unconstitutionality of the authorizing statute and change of status of Manheim Township from second to first class. These matters were resolved in companion cases filed today.*fn1
The appellants, however, have raised a new question, to which this opinion is addressed, namely: "Is township land 'contiguous' to, and subject to annexation by, a city when it is separated from the existing city boundary by half the width of the bed of a township highway, and when no part of the highway is included in the description of the tract to be annexed?"
The lower court answered Yes.
The Act of 1951, P.L. 662, sec. 5, 53 P.S. 12198-501 provides for the annexation of borough and township land which is "contiguous to any city." The tract of land involved in this case lies northeast of the City of Lancaster and is separated from Lancaster by the Old Manheim Pike, a township road. The Lancaster City boundary line is the southwest line of the Pike, and the description of the land to be annexed ...