BORO. OF VALLEY-HI INCORPORATION CASE.

No. 1525 C.D. 1976.

33 Pa.Commw. 180 (1977)

In re: The Incorporation of the Borough of Valley-Hi. Borough of Valley-Hi, Appellant.

Commonwealth Court of Pennsylvania.

December 27, 1977.


Attorney(s) appearing for the Case

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

Merrill W. Kerlin, for appellee.

Argued June 8, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.


OPINION BY JUDGE CRUMLISH, JR., December 27, 1977:

The Borough of Valley-Hi (Borough) appeals from an order of the Court of Common Pleas of Fulton County striking the Decree of Incorporation of the Borough.

Upon submission of a Petition for Incorporation meeting the requirements of Section 202 of The Borough Code (Code), Act of February 1, 1966, P.L. (1965) 1656, 53 P.S. § 45202,1 the lower court set a

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