Legal Opinion

Fister v. Borough

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 227PublishedCited by 10 opinions

Appeal, No. 227, Oct. T., 1911, by plaintiff, from decree of C. P. Berks Co., on bill in equity in case of Thomas D. Fister et al. v. Kutztown Borough et al. Bill in equity for an injunction. Before Endlich, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Rice, P. J.,

The power conferred by the Act of April 22, 1903, P. L. 247, upon the burgess and council of any borough or incorporated town, to annex adjacent territory, is to be exercised by ordinance, on petition of a majority of the freehold owners “of any lot or outlots of any section of land lying adjacent” to the borough, and the statute provides that, whenever the borough authorities shall extend the limits of the borough in this manner, they shall file in the quarter sessions a plan or plot showing the boundary of the borough and of the section admitted, together with a…

2Cases cited8 opinions

  1. Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
  2. Walters v. McElroySupreme Court of Pennsylvania · 1892
  3. Sample v. PittsburgSupreme Court of Pennsylvania · 1905
  4. Pittsburg's AppealSupreme Court of Pennsylvania · 1875
  5. Devore's AppealSupreme Court of Pennsylvania · 1867

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3Cited by10 opinions

  1. Saulsbury v. Bethlehem Steel Co.Supreme Court of Pennsylvania · 1964
  2. Irwin Borough Annexation Case (No. 1)Superior Court of Pennsylvania · 1949
  3. In Re Annexation of a Portion of AbingtonSuperior Court of Pennsylvania · 1930
  4. In re Annexation of a Portion of Porter TownshipSuperior Court of Pennsylvania · 1921
  5. Annexation of Lands in Mount Carmel TownshipNorthumberland County Court of Quarter Sessions · 1966

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