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APPEALS FROM ANNEXATION ORDINANCE NO. 142 BOROUGH WORMLEYSBURG. (WORMLEYSBURG BOROUGH ANNEXATION CASE.) (07/13/54)

SUPERIOR COURT OF PENNSYLVANIA


July 13, 1954

IN RE APPEALS FROM ANNEXATION ORDINANCE NO. 142 OF THE BOROUGH OF WORMLEYSBURG. (WORMLEYSBURG BOROUGH ANNEXATION CASE.)

COUNSEL

James D. Flower, Carlisle, for appellant.

J. Boyd Landis, Landis & McIntosh, Carlisle, for East Pennsboro Tp. School Dist.

George B. Stuart, Stuart & Stuart, Carlisle, for Citizens and Tax Collector.

Wilhelm E. Shissler, Lemoyne, Ralph A. Sheetz, Harrisburg, for East Pennsboro Tp.

Before Rhodes, P. J., and Ross, Gunther, Wright, Woodside and Ervin, Jj.

Author: Ervin

[ 176 Pa. Super. Page 53]

ERVIN, Judge.

This in an appeal of the Borough of Wormleysburg from an order of the Court of Quarter Sessions of Cumberland County declaring Ordinance No. 142 of the Borough of Wormleysburg invalid.

In this case the Borough of Wormleysburg, by Ordinance No. 142, passed and approved July 8, 1952, annexed one thousand acres of land from the Township of East Pennsboro. The township supervisors, the school district and certain citizens 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 Wormleysburg 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

The order of the court below is reversed and Ordinance No. 142 of the Borough of Wormleysburg is hereby declared to be valid. Costs to be paid by the Township of East Pennsboro.

HIRT, J., absent.


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