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MID. PAXTON TWP. v. BORO. of DAUPHIN

458 Pa. 396 (1974)

Middle Paxton Township v. Borough of Dauphin, Appellant. Derry Township Supervisors v. Borough of Hummelstown, Appellant. Londonderry Township Supervisors v. Borough of Royalton, Appellant.

Supreme Court of Pennsylvania.

October 16, 1974.

Attorney(s) appearing for the Case

David B. Disney, with him McNees, Wallace & Nurick, for appellant, Borough of Dauphin.

Herbert A. Schaffner, with him Reynolds, Bihl and Schaffner, for appellant, Borough of Hummelstown.

James B. Pannebaker, with him Pannebaker and Yost, for appellant, Borough of Royalton.

Jeffrey A. Ernico, with him Norman M. Yoffe, for appellee, Middle Paxton Township.

Kent H. Patterson, with him Cleckner and Fearen, for appellees, Derry Township Supervisors.

Christian S. Erb, Jr., with him Metzger, Wickersham, Knauss & Erb, for appellees, Supervisors and Planning Commission of Londonderry Township.

J. Scott Calkins, Robert J. Demer and Shaffer, Calkins & Balaban, for amici curiae, Pennsylvania Chamber of Commerce, Pennsylvania Builders Association, Pennsylvania League of Cities, Pennsylvania State Association of Boroughs.

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

OPINION BY MR. JUSTICE O'BRIEN, October 16, 1974:

Subsequent to April 23, 1970, the Boroughs of Hummelstown, Dauphin and Royalton instituted annexation proceedings against the Townships of Derry, Middle Paxton and Londonderry, respectively. All proceedings were instituted under the provisions of the Borough Code. Each of the townships filed complaints in the Court of Common Pleas of Dauphin County, alleging that the annexation procedures of the Borough Code had been...

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