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IN RE INCORP. OF BOROUGH OF TREASURE LAKE

No. 2283 C.D. 2009.

999 A.2d 644 (2010)

In Re: INCORPORATION OF the BOROUGH OF TREASURE LAKE. Treasure Lake Property Owners Association, Inc., Richard Rehermann and William Reznor. Appeal of: Township of Sandy.

Commonwealth Court of Pennsylvania.

Decided June 30, 2010.

Attorney(s) appearing for the Case

Gregory M. Kruk, Brockway, for appellant.

Michael P. Yeager, Clearfield, for appellees, Treasure Lake Property Owners Association, Inc., Richard Rehermann and William Reznor.

BEFORE: SIMPSON, Judge and BUTLER, Judge and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this interlocutory appeal by permission, we are asked if owners of time-shares and campground lots in a planned residential community are residing freeholders eligible to sign a borough incorporation petition under Section 202 of The Borough Code (Borough Code), Act of February 1, 1966, P.L. (1965) 1656, as amended, 53 P.S. § 45202. Under the facts of this case, we conclude they are not, and we affirm the order of the Court...

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