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HANOVER BOROUGH APPEAL. CONEWAGO TOWNSHIP ANNEXATION CASE (03/23/67)

decided: March 23, 1967.

HANOVER BOROUGH APPEAL. CONEWAGO TOWNSHIP ANNEXATION CASE


Appeal from order of Court of Quarter Sessions of Adams County, Miscellaneous Quarter Sessions Docket No. 1945, in re proposed annexation of portion of Conewago Township to Borough of Hanover.

COUNSEL

Donald E. Albright, with him Oscar F. Spicer, for borough, appellant.

Eugene R. Hartman, County Solicitor, for appellee.

Ronald J. Hagarman, for township, appellee.

Ervin, P. J., Wright, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Watkins, J., absent). Opinion by Ervin, P. J.

Author: Ervin

[ 209 Pa. Super. Page 427]

This is an appeal from the order of the Court of Quarter Sessions of Adams County refusing to approve the annexation of a portion of a second class township in Adams County to the Borough of Hanover, which is situated in York County.

[ 209 Pa. Super. Page 428]

The proceedings in the court below were under the Act of July 20, 1953, P. L. 550, 53 PS § 67501 et seq.

The 1953 act is silent as to an appeal from the court below. Our scope of review is by broad certiorari and we are obliged to consider the record, including the testimony, to determine whether the findings are supported by competent evidence and correct any conclusions of law erroneously made: Hazle Township Annexation Case, 183 Pa. Superior Ct. 212, 130 A.2d 230. We said in West Mead Township Annexation Case, 206 Pa. Superior Ct. 166, 213 A.2d 124: "The scope of appellate review in annexation cases was stated in West Mead Township Appeal, 411 Pa. 94, 191 A.2d 273, which involved Annexation Area No. 1, to be 'limited to ascertaining whether there is any evidence to support the lower court's finding that the annexation is in the public interest, and hence we are not permitted to substitute our judgment for that of the court below in the absence of a showing of an abuse of discretion. West Conshohocken Borough Appeal, 405 Pa. 150, 173 A.2d 461 (1961).' See also Irwin Borough Annexation Case (No. 1), 165 Pa. Superior Ct. 119, 133, 67 A.2d 757; South Pymatuning Township Appeal, 409 Pa. 324, 333, 186 A.2d 13."

The procedural background of this case is that on August 8, 1964, upon presentation to the Borough of Hanover, York County, Pennsylvania, of a petition signed by a majority of the freeholders in a certain area of Conewago Township, Adams County, requesting annexation, the Borough of Hanover enacted Ordinance No. 1243 annexing that area of Conewago Township into the Borough of Hanover. On January 15, 1965, the Borough of Hanover filed in the Office of the Clerk of Courts of Adams County and York County a certified copy of the petition, the ordinance and the § 150 fee presented by the petitioners with the petition. On the same date, a notice of such filing was lodged with the

[ 209 Pa. Super. Page 429]

County Boards of Elections of both Adams and ...


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