Wayne Township Appeal

Opinion by

Montgomery, J.,

This is an appeal by Wayne Township from an order which approved the annexation of a part of Wayne Township to the City of Corry, Erie County, Pennsylvania.

Appellant, Wayne Township, assigns as error the failure of the lower court to determine preliminarily and interlocutorily the legality of the proceedings and that the proposed annexation is in the public interest before appointing a Board of Commissioners to make findings of fact. The Act under which this proceeding is brought requires this to be done. Act of July 20, 1953, P. L. 550, §3, 53 P.S. §67503; Palmer…