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BARRY TOWNSHIP ANNEXATION CASE. (01/18/60)

January 18, 1960

BARRY TOWNSHIP ANNEXATION CASE.


Appeal, No. 25, Jan. T., 1960, from judgment and order of Court of Quarter Sessions of Schuylkill County, March T., 1958, No. 11, Miscellaneous Docket, in re petition of certain freeholders of Barry Township for the annexation of certain territory of Barry Township by and to Butler Township. Judgment and order affirmed. Proceedings on petition for annexation of territory. Judgment entered affirming report of board of commissioners recommending annexation, opinion by CURRAN, J. Township appealed.

COUNSEL

John T. Pfeiffer, III, with him D. J. Boyle, for appellant.

John E. Lavelle, for appellees.

Before Jones, C.j., Bell, Jones, Cohen, Bok and Mcbride, JJ.

Author: Bell

[ 398 Pa. Page 181]

OPINION BY MR. JUSTICE BELL

A petition for annexation of a certain area of Barry Township by and to Butler Township was signed by 172 freeholders, which constituted about 2/3 of the freeholders concerned, of Barry Township. On April 5, 1958, the Supervisors of Butler Township passed an ordinance approving this petition for annexation of that portion of Barry Township. The Court appointed a Board of Commissioners to make a study of the facts, as provided by the Act of July 20, 1953, P.L. 550. After

[ 398 Pa. Page 182]

    a hearing the Commissioners filed a carefully considered report which contained findings of fact which were generally favorable to the annexation.

Section 5 of the Act of 1953, supra, provides that after the Commissioners have filed their report "The court shall consider the findings of the board, together with any facts that may be submitted to it, and shall make an order either dismissing the proceedings or affirming the annexation." The Court, in an able analytical opinion, after carefully considering the record and the findings of fact of the Board of Commissioners, affirmed the annexation.

Appellant (The Board of Supervisors of Barry Township) makes three main contentions: (1) The description of the territory of Barry Township which was annexed by the ordinance was vague and insufficient in fact and in law. The description is as follows: "All that certain territory or portion of Barry Township bounded on the North by line of land of Northumberland County, on the East by land of Butler Township, on the South by Mahanoy Creek, and on West by line of land of Eldred Township."

The Act does not specify that the description must be by metes and bounds, nor does it specify the manner or details of the description required for the property which is to be annexed. A description by metes and bounds is therefore unnecessary; however, it is absolutely necessary that the description of the property proposed to be annexed be both definite and accurate. Cf. Negley v. Lindsay, 67 Pa. 217; Marks v. Ligonier Borough, 233 Pa. 372, 82 A. 477. The only part of the description which appellant really contends is indefinite is the South boundary line, namely, "bounded ... on the South by Mahanoy Creek". ...


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