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IRWIN BOROUGH ANNEXATION CASE

165 Pa.Super. 119 (1949)

Irwin Borough Annexation Case (No. 1).

Superior Court of Pennsylvania.

July 15, 1949.

Attorney(s) appearing for the Case

Elder W. Marshall, with him Carroll Caruthers and Louis E. Sensenich, for appellants.

Robert W. Smith, with him Scott Fink, Smith, Best & Horn, Fink & Jennings, and Max M. Bergad, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent).

OPINION BY RENO, J., July 15, 1949:

By an ordinance adopted on February 20, 1948 the Borough of Irwin annexed adjacent land in North Huntingdon Township. The township and its school district filed a complaint alleging that the ordinance was void for reasons stated. The court below, one judge dissenting, sustained the complaint, and declared the ordinance "illegal and void and the proposed annexation . . . ill-advised and improper." The borough and the school district...

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