Legal Opinion · Concurring in part, dissenting in part

Plum Township Annexation Case

Superior Court of Pennsylvania

Decided July 21, 1955No. Appeal, 134Published

1Concurring in part, dissenting in part

Concurring and Dissenting Opinion by

Rhodes, P. J.:

I agree with the majority that the evidence supports' the order of the Court of Quarter Sessions of Allegheny County in this annexation proceeding, and therefore I concur in the conclusion of the majority that the action of that court should be affirmed.

I disagree, however, with the conclusion that our scope of review, under section 1010 of the Borough *384Code, as amended, 53 PS §12900, in appeals involving annexation ordinances, is limited to that of a narrow certiorari. This Court should adhere to its many recent decisions holding that the…

2Cases cited22 opinions

  1. Kaufman Construction Co. v. HolcombSupreme Court of Pennsylvania · 1947
  2. Grime v. Department of Public InstructionSupreme Court of Pennsylvania · 1936
  3. Delaware County National Bank v. CampbellSupreme Court of Pennsylvania · 1954
  4. Rimer's Contested Election. Geary's App'l.Supreme Court of Pennsylvania · 1934
  5. Irwin Borough Annexation Case (No. 1)Superior Court of Pennsylvania · 1949

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