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ROBINSON TOWNSHIP APPEAL. (06/10/59)

June 10, 1959

ROBINSON TOWNSHIP APPEAL.


Appeal, No. 71, April T., 1959, from decree of Court of Quarter Sessions of Allegheny County, Dec. T., 1956, No. 36 Miscellaneous, in re annexation by the Borough of Carnegie, Allegheny County, Pennsylvania, of a certain tract of land in the Township of Robinson. Appeal quashed.

COUNSEL

Joseph I. Lewis, with him Ernest Butya, for appellant.

T. Robert Brennan, with him Brennan and Brennan, for appellee.

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

Author: Rhodes

[ 189 Pa. Super. Page 570]

OPINION BY RHODES, P.J.

This is an appeal by the Township of Robinson, Allegheny County, from an order and decree of the Court of Quarter Sessions of Allegheny County determining that the annexation of a tract of land within the township by the Borough of Carnegie was legal and proper as serving the public interests. Upon our own motion we are obliged to quash the appeal as premature because it has been taken from an interlocutory order. We observe also that the appeal in this case, even if

[ 189 Pa. Super. Page 571]

    it were from a final and appealable order, should properly be taken to our Supreme Court.

This annexation proceeding arises under the Act of July 20, 1953, P.L. 550, 53 PS ยง 67501 et seq. On December 12, 1956, the Borough of Carnegie certified to the Court of Quarter Sessions of Allegheny County the annexation petition of the majority of the freeholders of the territory to be annexed together with the borough ordinance approving the petition and certain related exhibits. On January 10, 1957, the Township of Robinson filed its complaint attacking the legality and propriety of the annexation and requesting the appointment of a board of commissioners to inquire into the matter.*fn1

After hearing and argument the court below on December 9, 1958, dismissed the legal objections of the Township of Robinson and entered its order and decree determining that the annexation proceeding was legal and proper as serving the public interests. This appeal followed.

The Act of 1953 provides a full and complete procedure for the annexation of parts of a second class township to boroughs, cities, and townships. Hazle Township Annexation Case, 183 Pa. Superior Ct. 212, 219, 130 A.2d 230. It appears from the Act in ...


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