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MCCANDLESS TOWNSHIP APPEAL. (09/26/60)

September 26, 1960

MCCANDLESS TOWNSHIP APPEAL.


Appeal, No. 196, March T., 1960, from order of Court of Quarter Sessions of Allegheny County, June T., 1956, No. 204, Miscellaneous Docket, in re disputed boundary between McCandless Township and Ross Township in Allegheny County. Order affirmed; reargument refused November 23, 1960.

COUNSEL

William Claney Smith, with him Smith, Smith & Zehner, for appellant.

John R. Nicklas, Jr., with him McCrady & Nicklas, for intervenors, appellants.

Henry E. Rea, Jr., with him William W. Milnes, Paul W. Brandt, and Brandt, Riester, Brandt & Malone, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Eagen, JJ.

[ 401 Pa. Page 429]

OPINION PER CURIAM

This litigation involves the establishment of a boundary line between McCandless and Ross Townships in Allegheny County. On July 26, 1956 McCandless Township presented to the Court of Quarter Sessions of Allegheny County a petition for the appointment of

[ 401 Pa. Page 430]

    three commissioners to ascertain and establish and establish the boundary line between Ross and McCandless Townships.*fn1

Pursuant to the presentation of this petition the court appointed two lawyers and an engineer as commissioners. These commissioners held fifteen hearings and on March 12, 1958 made a report and findings accompanied by a detailed map indicating the boundary line between the two townships, which report was confirmed nisi by the court below. McCandless Township filed exceptions to the report of the commissioners and, on February 3, 1960 the court en banc made an order dismissing McCandless Township's exceptions and confirmed the report of the commissioners and from that order McCandless Township has taken this appeal.*fn2

Prior to 1809, Pine Township (located in Allegheny County) had its southerly boundary at the allegheny River and its northerly boundary at the Butler County line. This township extended in a north-south direction sixteen miles and in an east-west direction six miles. In 1808 residents of the southerly portion of Pine Township petitioned the Court of Quarter Sessions of Allegheny County to create a new township; pursuant to that petition, the court appointed viewers or commissioners. In 1809 these commissioners made a report which was later confirmed by the court and Ross Township was created out of the southerly portion of Pine Township. In 1849 residents of the southerly half of the then Pine Township petitioned the Court of Quarter Sessions of Allegheny County to divide Pine

[ 401 Pa. Page 431]

Township in half and to create a new township, known as McCandless Township, and that court appointed Viewers whose report was approved in 1851 ...


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