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LOUIS D. EKIN AND LILLIAN S. EKIN v. BOARD COMMISSIONERS COUNTY ALLEGHENY (12/17/85)

decided: December 17, 1985.

LOUIS D. EKIN AND LILLIAN S. EKIN, HIS WIFE, ET AL., APPELLANTS
v.
THE BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEGHENY, ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Greene County in the case of Louis D. Ekin et ux., et al. v. Board of Commissioners of the County of Allegheny et al., Miscellaneous No. 22, 1983.

COUNSEL

Thomas P. Cole, II, for appellants, individuals and North Huntingdon Township.

Lee V. Price, with him, Alfred C. Maiello, for appellant, Norwin School District.

James J. Dodaro, Solicitor, with him, Ira Weiss, Deputy Solicitor, for appellee, County of Allegheny.

Evan E. Lloyd, for appellee, The Township of South Versailles.

Robert P. Costello, for appellee, The McKeesport School District.

Arnold V. Plum, with him, W. Richard Booth, Plum & Booth, P.C., for appellee, The Borough of White Oak.

Judges Craig and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 93 Pa. Commw. Page 530]

Appellants*fn1 have appealed here an order of the Court of Common Pleas of Greene County which dismissed their exceptions to that court's order of July 27, 1984 and also dismissed their motions for judgment n.o.v. and for a new trial. The common pleas court's order of July 27, 1984 determined that the boundary line between Allegheny and Westmoreland Counties is the line as surveyed by the United States Coast and Geodetic Survey in 1934. That order further directed that the properties of the individual Appellants be assessed in the respective counties and municipalities according to that boundary line. We affirm.

The following facts are pertinent. Louis D. Ekin, one of the Appellants here, owned a parcel of land which straddled the Allegheny-Westmoreland county line. On March 2, 1956, Ekin recorded a subdivision plan with the Recorder of Deeds office for Westmoreland County. The plan of lots filed by Ekin did not indicate where the county line bisected the plan and further failed to show in which of the counties each of the lots was physically located. Subsequently, as lots were sold out of the Ekin parcel according to the plan, deeds were recorded in Westmoreland County although the overwhelming majority of the lots were physically located in Allegheny County. Although the

[ 93 Pa. Commw. Page 531]

    official tax maps for both Allegheny and Westmoreland County clearly showed that these properties were, for the most part,*fn2 located in Allegheny County, they were assessed by Westmoreland County and its municipalities which ...


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