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IN RE BOROUGH OF NEW MORGAN

527 Pa. 226 (1991)

590 A.2d 274

In re INCORPORATION OF BOROUGH OF NEW MORGAN. Appeal of CAERNARVON TOWNSHIP, Berks County, Pennsylvania, Robeson Township, Kathleen Hood, et al. and Harry J. Smith, et al.

Supreme Court of Pennsylvania.

Decided April 19, 1991.

Attorney(s) appearing for the Case

Norman Ashton Klinger, Norristown, for Intervenors.

Norman E. Dettra, Jr., Reading, for Robeson Tp.

Brett A. Huckabee, John A. DiGiamberardino, Wyomissing, for Caernarvon Tp.

Thomas L. Wenger, Stephen J. Dzuranin, Harrisburg, for Amicus-Pennsylvania State Ass'n of Tp. Supervisors.

Henry M. Koch, Jr., Reading, for Morgantown Properties.

Richard A. DiSalle, Kim D. Eaton, Thomas W. Corbett, Jr., Pittsburgh, for Morgantown Properties.

James L. Goldsmith, Richard B. Swartz, Harrisburg, for Amicus-Pennsylvania Boroughs Ass'n.

Albert P. Massey, Jr., Paoli, for Morgantown Properties.

Before LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The question presented on this appeal is whether the Court of Common Pleas of Berks County abused its discretion in granting the petition of Morgantown Properties for incorporation of the Borough of New Morgan and whether Commonwealth Court erred in affirming the trial court's order.

This case arose when Morgantown Properties, a limited partnership, filed a petition to incorporate a tract of land it owned in...

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