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ANNEXATION ORDINANCE NO. 242 BOROUGH LEMOYNE. (LEMOYNE BOROUGH ANNEXATION CASE.) (07/13/54)

July 13, 1954

IN RE ANNEXATION ORDINANCE NO. 242 OF THE BOROUGH OF LEMOYNE. (LEMOYNE BOROUGH ANNEXATION CASE.)


COUNSEL

Edwin M. Blumenthal, Addison M. Bowman, Jr., Carlisle, for appellant.

George B. Stuart, Stuart & Stuart, Carlisle, for Citizens.

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

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

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

Author: Ervin

[ 176 Pa. Super. Page 40]

ERVIN, Judge.

This is an appeal of the Borough of Lemoyne from an order of the Court of Quarter Sessions of Cumberland County declaring Ordinance No. 242 of the Borough of Lemoyne invalid.

The complainants in the court below raised several questions attacking the validity of Ordinance No. 242. The lower court declared this ordinance to be invalid for one reason and deemed it unnecessary to pass upon the other objections. On appeal to this Court four additional objections raised in the court below but not disposed of by that court were argued. All other objections were abandoned. We will dispose of all objections argued here as they involve questions of law only.

[ 176 Pa. Super. Page 41]

Our review on appeal of cases of this type is a broad certiorari. Salisbury Twp. Annexation Case, 172 Pa. Super. 262, 270, 94 A.2d 143.

The first and only question considered by the lower court was whether a borough ordinance annexing land from an adjacent township of the second class, upon petition of a majority of the freeholders in the land annexed, was invalid because prior to the enactment of the ordinance the court of quarter sessions had directed that the question of changing the class of the township from the second to the first be submitted to the electors, where the vote in favor of the change was not given and the change did not become effective until after the enactment of the annexation ordinance. The lower court held that the ordinance was invalid for this reason. The Act of 1927, May 4, P.L. 519, Art. IV, § 425, as amended, 53 P.S. § 12461, provides that 'Any borough may, by ordinance, annex adjacent land situate in a township of the second class in the same or any adjoining county, upon petition * * *. The petition shall be signed by a majority in number of all of the freeholders of the territory to be annexed.' Section 426 of that act, 53 P.S. § 12462, provides that 'A certified copy of any ordinance, adopted together with a description, and a plot showing the courses and distances of the boundaries of the borough before and after such proposed annexation, shall be filed in the court of quarter sessions of the county * * *. A notice of such filing shall also be filed in the office of the county board of ...


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