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SOUTH PYMATUNING TOWNSHIP APPEAL. (11/28/62)

November 28, 1962

SOUTH PYMATUNING TOWNSHIP APPEAL.


Appeal, No. 236, March T., 1962, from order of Court of Quarter Sessions of Mercer County, March T., 1961, No. 45, in re annexation of portion of South Pymatuning Township to Borough of Clarksville. Order affirmed.

COUNSEL

George Hardy Rowley, with him Voorhies, Dilley, Keck & Rowley, for appellant.

George F. Mahaney, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.

Author: Keim

[ 409 Pa. Page 325]

OPINION BY MR. JUSTICE KEIM

In this appeal, the supervisors of South Pymatuning Township, a second class township in Mercer County, are requesting this court to determine the propriety of an attempted annexation by the Borough of Clarksville also situate in Mercer County.

This annexation proceeding and the pending appeal arise under the Act of July 20, 1953, P.L. 550, 53 P.S. ยง 67501 et seq.

It is interesting to note that Hickory Township is also interested in annexing a part of the area in question and that most of the Borough of Clarksville and a large part of the area to be annexed will be flooded by reason of the construction of the Shenango River Reservoir. This construction is a compelling factor on the Borough of Clarksville to increase its size since most of it will be inundated. The Borough of Clarksville consisting of approximately 167.4 acres (before flooding) is annexing a part of South Pymatuning Township consisting of 2,542.6 acres (before flooding). The annexed area will yield 1,447.6 acres of unflooded area. South Pymatuning Township before annexation and flooding consisted of 16,640 acres.

[ 409 Pa. Page 326]

The procedural transition of this annexation is as follows: On December 22, 1960, a majority of the freeholders of the area to be annexed presented a petition to the Borough of Clarksville requesting annexation. This petition contained a general description which generally followed the property lines of the petitioners and the boundaries of the affected municipalities. At the time the petition was presented to council it contained a map which precisely described the annexed area by courses and distances. On the same date the Borough of Clarksville duly enacted Ordinance No. 69 annexing the land. The said ordinance contained a description which followed the courses and distances as set forth in the map.

On January 16, 1961 a certified copy of the ordinance, accompanied by the original petition and map, was filed in the Court of Quarter Sessions of Mercer County.

On February 9, 1961, the supervisors of South Pymatuning Township filed the following complaint: "AND NOW, February 9, 1961, pursuant to the Act of 1953, July 20, P.L. 550, South Pymatuning Township, by its Board of Supervisors, files this Complaint against Clarksville Borough Ordinance No. 69, Annexing to Said Borough a Portion of South Pymatuning Township, and, as a party aggrieved by said annexation, prays your Honorable Court to determine the legality of the proceeding and the propriety of the annexation as serving the ...


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