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LANCASTER ANNEXATION CASE. (06/11/57)

June 11, 1957

LANCASTER ANNEXATION CASE.


Appeals, Nos. 74, 75, 76, 77 and 78, Oct. T., 1957, from orders of Court of Quarter Sessions of Lancaster County, March T., 1955, No. 611 1/2, and June T., 1955, No. 613 1/2, in re petition for annexation to the City of Lancaster of certain lands in East Lampeter, West Lampeter, and Lancaster Townships. Appeals of school district dismissed; orders on appeals of townships affirmed.

COUNSEL

Louis S. May, with him Windolph, Burkholder & Hartman, for Lancaster Township.

Harris C. Arnold, with him Arnold, Bricker & Beyer, for East Lampeter Township.

Bernard J. Myers, Jr., for school District of East Lampeter Township.

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

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Ervin

[ 183 Pa. Super. Page 620]

OPINION BY ERVIN, J.

The five appeals in these annexation cases are further evidence of the fact that the City of Lancaster is continuing to experience growing pains.

Appeals Nos. 74 and 77 (agreed by counsel to be called the Northern Area Case) and appeals Nos. 75, 76 and 78 (agreed by counsel to be called the Southern Area Case) involve substantially the same questions and may be disposed of in one opinion.

The proceedings arose under the Act of 1953, July 20, P.L. 550, 53 PS §§ 67501-67508.*fn1 Before the enactment of this statute, annexations to third class cities were governed by §§ 501 to 505 of The Third Class City Code, 53 PS §§ 35501-35505.*fn2 Under that code the court of quarter sessions only had to "decide whether the proceedings are in conformity with this act. ..."

[ 183 Pa. Super. Page 621]

The court did not have the power to hear the matter on its merits nor to determine the propriety of the annexation. Under the 1953 Act the court must be satisfied with the "legality of the proceedings and ... the propriety of the ...


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