Francis H. Bohlen, Jr., Jos. P. Flanagan, Jr., Saul Ewing, Remick & Saul, Philadelphia, Addison M. Bowman, Jr., Carlisle, for appellant.
George B. Stuart, Stuart & Stuart, Carlisle, for Citizens and Tax Collector of East Pennsboro Tp.
Clinton R. Weidner, Carlisle, for School Dist. of Hampden Tp. and Citizens of Hampden Tp.
Tom H. Bietsch, Carlisle, for Tp. of Hampden.
W. E. Shissler, Lemoyne, Ralph A Sheetz, Harrisburg, for East Pennsboro Tp.
Before Rhodes, P. J., and Ross, Gunther, Wright, Woodside, and Ervin, Jj.
[ 176 Pa. Super. Page 55]
This is an appeal of the Borough of Camp Hill from an order of the Court of Quarter Sessions of Cumberland County declaring Ordinance No. 409 of the Borough of Camp Hill invalid.
In this case the Borough of Camp Hill, on August 25, 1952, passed and adopted Ordinance No. 409 annexing 116.927 acres, part of which was located in East Pennsboro Township and part in Hampden Township. The Townships of East Pennsboro and Hampden, the School District of Hampden Township and certain citizens of both townships appealed to the court of quarter sessions and attacked the legality of the annexation ordinance. The lower court held that the ordinance was invalid. The Borough of Camp Hill appealed to this Court.
All of the questions raised in this appeal have been decided in an opinion this day filed in the case of In Re Annexation Ordinance No. 242 of the Borough of Lemoyne,*fn1 with one exception.
The lower court, in its opinion, stated: 'The present ordinance sought to annex a portion of East Pennsboro Township and also a portion of the Township of Hampden. A single description only was given. it is impossible to determine, from the description, what land was to be annexed from each. Insofar as the ordinance sought to annex lands from East Pennsboro Township, it is invalid for the reasons stated above. Since there is no separate description of the land to be annexed from Hampden Township, the entire ordinance must fall.' A copy of the petition of the freeholders was filed in the quarter sessions court with a notation thereon, 'This is filed to show the ...