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MARIETTA BORO. v. E. DONEGAL TWP.

449 Pa. 455 (1972)

Marietta Borough v. East Donegal Township, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.

Attorney(s) appearing for the Case

B.M. Zimmerman, with him Zimmerman & Going, for appellant.

George T. Brubaker, with him Theodore L. Brubaker, and Brubaker and Brubaker, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, November 17, 1972:

This appeal requires the resolution of yet another inconsistency in the statutory provisions governing the annexation of land from a Second Class Township by a Borough.1

In 1967 the Borough of Marietta annexed 111.1 acres of land from East Donegal Township under the procedures provided in the Borough Code.2 Although the Township contested the merits...

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