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LANCASTER CITY ANNEXATION CASE (NO. 1) (06/26/53)

June 26, 1953

LANCASTER CITY ANNEXATION CASE (NO. 1)


Appeal, No. 113, Jan. T., 1953, from order of Court of Quarter Sessions of Lancaster County, June Sessions, 1952, Minutes 549, in re Lancaster City Ordinance No. 16-1952. Order affirmed.

COUNSEL

William B. Arnold, for appellants.

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

Anthony R. Appel, with him Herbert S. Levy and Appel, Ranck, Levy & Appel, for petitioning property owner, appellee.

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

Author: Musmanno

[ 374 Pa. Page 530]

OPINION BY MR. JUSTICE MUSMANNO

On July 7, 1952, the Council of the City of Lancaster (a city of the third class) enacted Ordinance No. 16-1952, annexing to Lancaster a tract of 13.177 acres of uninhabited land in Manheim Township (then a second class township), contiguous to the City's boundaries. The ordinance was the result of a petition by the Garden Spot Realty Company, owners of the tract. The Manheim Township authorities (Board of Supervisors, School Board, Tax Collector) and a William C. Schwartz, individual resident and taxpayer of the Township, appealed to the Court of Quarter Sessions

[ 374 Pa. Page 531]

    of Lancaster County protesting that the ordinance and annexation proceedings were void because:

(1) "... said provisions adversely affect townships and township school districts by permitting them to be deprived of territory and tax revenues, and by imposing new duties and burdens on them and their officers, without notice thereof in the title/s of said statute/s, contrary to the provisions of Article III, section 3, of the Pennsylvania Constitution"; (Emphasis supplied)

(2) "... said provisions prescribe powers and procedures for annexation by a third-class city different than those prescribed for annexation (a) by second class cities (by the Act of 1923, P.L. 473, 53 PS 9931), (b) by cities without distinction as to class (by the Acts of 1903, P.L. 332, and 1905, P.L. 216, 53 PS 91 et seq.), and (c) by boroughs (by the General Borough Act of 1927, P.L. 519, as amended, 53 PS 12461 and 12900), without any valid or substantial basis for differentiation or classification; and that said statute/s relating to third-class cities, therefore are local or special laws regulating the affairs of cities, townships and school districts, and changing township lines and school districts, contrary to the provisions of Article III, Section 7, of the Pennsylvania Constitution." (Emphasis supplied) The Court of Quarter Sessions upheld the constitutionality of the legislation and this appeal followed.

Section 3 of Article III of the Constitution of Pennsylvania provides: "No bill... shall be passed containing more than one subject, which ...


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