Appeal from order of Court of Quarter Sessions of Blair County, March T., 1967, No. 18, in re Hollidaysburg Borough Ordinance No. 451 re annexation.
Harrison C. Snyder, with him Merle K. Evey, for appellant.
John R. Strawmire, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Ervin, P. J.
[ 211 Pa. Super. Page 150]
This is an appeal by the Borough of Hollidaysburg from the order of the court below which declared an ordinance of the borough, purporting to annex a portion of the Township of Frankstown, null, void and of no effect.
[ 211 Pa. Super. Page 151]
The case involves the annexation of approximately 550 acres of the Sylvan Hills area of Frankstown Township to the Borough of Hollidaysburg. The proponents of annexation began to circulate petitions in the Sylvan Hills area during the month of November 1966. Originally the description of the proposed territory included both the Sylvan Hills area and an area in the vicinity of Lower Brush Mountain Road. However, the circulators found that the residents of the Lower Brush Mountain Road area did not desire annexation. Therefore, about January 10, 1967, they changed the description in the petitions so that the Lower Brush Mountain Road area, which included approximately 36 assessed properties, was eliminated and the petitions continued to circulate with the revised description. The record shows that a majority of the signatures were obtained prior to January 10, 1967 and that no resident of the Lower Brush Mountain Road area signed the petitions either before or after that date.
The petitions were presented to the Hollidaysburg Borough Council on March 6, 1967, and on March 20, 1967, at a special meeting, Ordinance No. 451 was enacted, based upon the petitions presented.
On April 18, 1967 the Township of Frankstown filed a complaint against the aforesaid annexation ordinance in the Court of Quarter Sessions of Blair County alleging various grounds upon which the ordinance should be declared invalid.
A pre-hearing conference was held and it was determined that a hearing should be held limited to the issue of the effect of the change of description in the petitions while they were being circulated and that the other issues raised would be deferred.
The facts developed at the hearing were substantially as we have previously outlined and, following submission of briefs, the ...