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LAFLIN BOROUGH v. YATESVILLE BOROUGH V. JENKINS TOWNSHIP (11/17/80)

decided: November 17, 1980.

LAFLIN BOROUGH
v.
YATESVILLE BOROUGH V. JENKINS TOWNSHIP, YATESVILLE BOROUGH, APPELLANT. LAFLIN BOROUGH, APPELLANT V. YATESVILLE BOROUGH AND JENKINS TOWNSHIP, APPELLEES



Appeals from the Order of the Court of Common Pleas of Luzerne County in case of Laflin Borough v. Yatesville v. Jenkins Township, No. 1438 of 1974.

COUNSEL

Edward J. Geist, Cohen, McCall, Rowlands & Geist, for appellant, Laflin Borough.

Joseph J. Musto, Griffith, Aponick & Musto, for appellant, Yatesville Borough.

James R. Anzalone, for appellee, Jenkins Township.

Judges Blatt, Craig and Williams, Jr. sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 54 Pa. Commw. Page 567]

The Boroughs of Laflin and Yatesville appeal from an order of the Court of Common Pleas of Luzerne County, which, in accordance with a report by commissioners appointed by the court to determine the location of a disputed borough boundary of Laflin,*fn1 ruled that the area in question is legally within

[ 54 Pa. Commw. Page 568]

Jenkins Township.*fn2 A schematic diagram of the elements of the dispute is included for reference.

We cannot improve on the summary of the facts given by Judge Dalessandro in his opinion for the court en banc below, which we quote:

Yatesville was incorporated in 1878 and Laflin in 1889. Laflin's charter describes the area to be included within the boundaries of the borough as all of lots one, two, three, four, five, six, and parts of eight, nine, and ten of the second division of certified Pittston Township, now Jenkins Township, Luzerne County. The charter also contains a metes and bounds description as well as a designation of total acreage. Without more, there would be no dispute because this description can be plotted fairly accurately.

The difficulty arises from an additional element in the metes and bounds description: a call for the northeastern boundary of Laflin to adjoin ...


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