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IN RE BANGOR MEMORIAL PARK

130 Pa.Commw. 143 (1989)

567 A.2d 750

In re CONVEYANCE OF 1.2 ACRES OF BANGOR MEMORIAL PARK TO BANGOR AREA SCHOOL DISTRICT. Appeal of The BOROUGH OF BANGOR.

Commonwealth Court of Pennsylvania.

Decided December 13, 1989.

Attorney(s) appearing for the Case

Alan B. McFall, Peter C. Layman, Cassebaum, McFall & Molnar, P.C., Bangor, for appellant.

Preston W. Moritz, James L. Zulick, Nazareth, and David J. Ceraul, Bangor, Peters, Moritz, Peischl & Zulick, Nazareth, for appellee.

Before McGINLEY and SMITH, JJ., and NARICK, Senior Judge.

McGINLEY, Judge.

This is an appeal by the Borough of Bangor (Borough) from an order of the Court of Common Pleas of Northampton County (Orphans' Court) denying the Borough's petition to seek approval of the transfer of 1.2 acres of Bangor Memorial Park (Park) to the Bangor Area School District (School District) for the construction of a new elementary school.

On June 5, 1950, the Borough of Bangor Council (Council) enacted Borough Ordinance 416 and officially...

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