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INCORPORATION BOROUGH VALLEY-HI. BOROUGH VALLEY-HI AND JACK GOTHIE (09/24/80)

decided: September 24, 1980.

IN RE: THE INCORPORATION OF THE BOROUGH OF VALLEY-HI. THE BOROUGH OF VALLEY-HI AND JACK GOTHIE, APPELLANTS


Appeal from the Order of the Court of Common Pleas of Fulton County in case of In Re: The Incorporation of the Borough of Valley-Hi, Quarter Session Docket No. 7, Page 375.

COUNSEL

Jerome T. Foerster, with him Richard W. Cleckner, Cleckner and Fearen, for appellants.

Merrill W. Kerlin, for appellees.

Judges Mencer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 54 Pa. Commw. Page 54]

The appellants, the Borough of Valley-Hi and Jack Gothie, a resident of that Borough, seek to reverse an order of the Court of Common Pleas of Fulton County which granted the petition of the appellees, a group of

[ 54 Pa. Commw. Page 55]

    residents of Brush Creek Township, Fulton County, to strike off the incorporation of the Borough of Valley-Hi.

This proceeding had its beginning in November of 1973 when, pursuant to Section 202 of the Borough Code, Act of February 1, 1966, P.L. (1965) 1656, 53 P.S. § 45202, a group of residents of Brush Creek Township filed an application to incorporate a portion of the Township as a borough to be known as the Borough of Valley-Hi.

The lower court set a hearing date concerning the application for incorporation and, because no objections were filed, the court approved the incorporation of the Borough of Valley-Hi without the taking of evidence. Approximately 10 months thereafter, the Borough council determined that the application's legal description of the Borough's boundaries was in error and the Borough submitted a petition to correct the description and to decrease the number of its councilmen.*fn1

The Board of Commissioners of Fulton County then filed answers to the Borough's petition and alleged that the defect in the description had deprived the lower court of jurisdiction to grant the incorporation and, therefore, that the incorporation should be stricken. The Borough filed preliminary objections to the County's answer on the basis that the County was not aggrieved by the incorporation and that it therefore lacked standing to object to it. In June of 1975, the lower court concluded that it had had no jurisdiction over the original application for incorporation

[ 54 Pa. Commw. Page 56]

    and it invalidated the Borough's incorporation. The Borough appealed to this Court and on December 27, 1977, holding that the County did not have standing to bring the appeal, we entered an order which reversed the lower court and remanded the case to it for a decision as to the issues raised by the Borough's petition to correct its legal ...


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