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LANCASTER CITY ANNEXATION CASE (NO. 2) (06/26/53)

June 26, 1953

LANCASTER CITY ANNEXATION CASE (NO. 2)


Appeal, No. 204, Jan. T., 1953, from order of Court of Quarter Sessions of Lancaster County, Sept. Sessions, 1952, Minutes 558, in re Lancaster City Ordinance No. 33-1952. Order affirmed; reargument refused July 21, 1953.

COUNSEL

William B. Arnold, for appellants.

Bernard M. Zimmerman, City Solicitor, with him John B. Rengier, Assistant City Solicitor, for City of Lancaster, appellee.

Louis S. May, for petitioning property owner, appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Musmanno

[ 374 Pa. Page 538]

OPINION BY MR. JUSTICE MUSMANNO

The present case is companion to the one reported in the immediately preceding pages.*fn1 Three more follow

[ 374 Pa. Page 539]

    and they all arise out of ordinances enacted by the third class City of Lancaster annexing certain lands in Manheim Township.

Ordinance No. 33-1952, providing for the annexation of 103.73 acres contiguous to the City of Lancaster, was passed at the instance of the Radio Corporation of America and the Pennsylvania Railroad Company, owners of the land in question. Manheim Township, the Manheim School District, the tax collector and an individual taxpayer, appealed to the Court of Quarter Sessions, asserting the ordinance to be invalid on various grounds. The objection based on unconstitutionality of the 1931 Third Class City Law and the 1951 Third Class City Code has now been decided by this Court in the companion case, heretofore mentioned.

Because two persons, William E. Miller and his wife, live on the land owned by the Radio Corporation, the appellants contended in the Court below that their non-joinder in the petition for annexation rendered the petition fatal, asserting that the Third Class City Code, as amended June 28, 1951, P.L. 662, Sec. 5, 53 PS 12198-501, requires in a situation of this kind that three-fifths of the taxable inhabitants of a township or part thereof shall petition city council for the annexation, and that the petition shall be accompanied by the written consent of the majority of property owners therein.

After this representation by the appellants the Millers petitioned to join nunc pro tunc in the annexation petition, asserting that they were without knowledge as to whether they were or were not taxable inhabitants of Manheim Township. It developed at the hearing that William E. Miller, being a general maintenance foreman of the Radio Corporation at the RCA plant, had ...


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