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CHARTIERS TOWNSHIP APPEAL. (04/21/64)

April 21, 1964

CHARTIERS TOWNSHIP APPEAL.


Appeal, No. 220, March T., 1963, from order of Court of Quarter Sessions of Washington County, Feb. T., 1962, No. 317, in re annexation to Borough of Canonsburg of portion of Chartiers Township. Order reversed.

COUNSEL

Richard DiSalle, for Chartiers Township, appellant.

Patrick C. Derrico, with him Greenlee, Richman, Derrico & Posa, for Borough of Canonsburg, appellee.

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

Author: Jones

[ 414 Pa. Page 177]

OPINION BY MR. JUSTICE JONES

This is an appeal from an order of the Court of Quarter Sessions of Washington County which approved the annexation of a portion of Chartiers Township to the Borough of Canonsburg, all in Washington County.

Involved in this annexation proceeding are forty acres of land in Chartiers Township which acreage adjoins Canonsburg Borough. Of these forty acres

[ 414 Pa. Page 178]

    of land twenty acres are owned by one John Kmet, eight acres by St. Patrick's cemetery and twelve acres by various freeholders. In the area are 45 freeholders of whom 33 freeholders, on February 12, 1962, presented a petition to Canonsburg Borough Council.

The annexation petition was adopted and approved, by appropriate resolution, by the borough council on February 20, 1962, and the petition was certified to the Court of Quarter Sessions of Washington County on February 23, 1962. Within the requisite statutory period, the supervisors of Chartiers Township and certain freeholders in the area filed a complaint to the annexation ordinance and petition and requested that the court appoint a board of commissioners to act as a fact-finding body in the matter. On the same day the court appointed a three member board of commissioners to perform its duties under the law.

On June 15, 1962, the board of commissioners held a hearing for the purpose of establishing the facts and, after such hearing, the board filed a report and later an amended report with the court.*fn1 The court then requested the board, although the board was not so required by statute, to make a recommendation to the court and the board unanimously recommended that the annexation petition be denied and the annexation proceedings dismissed. On October 5, 1962, the court made an order which directed annexation and approved of said annexation. This order recited that it was made after a review of the pleadings, the board's reports, the applicable statute and that the ...


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