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IN RE DELMONT BOROUGH ANNEXATION CASE

2 Pa.Commw. 496 (1971)

In Re: Annexation of a Portion of the Township of Franklin by the Borough of Delmont.

Commonwealth Court of Pennsylvania.

April 15, 1971.

Attorney(s) appearing for the Case

Henry A. Hudson, Jr., with him Costello & Snyder, for appellant.

Robert Y. Cassol, with him, Redlich, Cassol, Redlich & Morocco; Richard A. Zappala, Zappala & Zappala, for appellee.

Argued February 18, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE MENCER, April 15, 1971:

In September, 1969, annexation proceedings were commenced to annex approximately 80 acres of land situate in the Township of Franklin into the Borough of Delmont, both political subdivisions being in Westmoreland County. The Township of Franklin filed an appeal complaint as to the legality of the annexation ordinance under Section 1010 of the Act of February 1, 1966,...

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