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MILFORD TOWNSHIP APPEAL. (05/29/57)

THE SUPREME COURT OF PENNSYLVANIA


May 29, 1957

MILFORD TOWNSHIP APPEAL.

Appeal, No. 4, March T., 1957, from order of Court of Quarter Sessions of Somerset County, May T., 1955, No. 7, in re Annexation to Borough of New Centerville of Somerset County, Pennsylvania. Appeal dismissed.

COUNSEL

Archibald M. Matthews, for appellant.

Alexander Ogle, for appellee.

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

[ 389 Pa. Page 136]

OPINION PER CURIAM

This appeal is from a proceeding which was instituted in the court below by a motion to strike off, as invalid, a borough ordinance more than a year after the effective date of the ordinance. By statutory requirement, such a proceeding must be instituted within thirty days after the ordinance takes effect. See Act of May 18, 1933, P.L. 818, 53 P.S. ยง 12900 (pkt. part). The court below should, therefore, have summarily dismissed the motion as having been lodged out of time.

Disposition

Appeal dismissed.

19570529

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