Legal Opinion

In Re Incorporation of the Borough of Treasure Lake

Commonwealth Court of Pennsylvania

Decided June 30, 2010No. 2283 C.D. 2009PublishedCited by 2 opinions

1Opinion of the Court

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 of Common Pleas of Clearfield County (trial court).

I. Background

The Borough Code establishes a multi-step process for incorporating a borough.…

2Cases cited4 opinions

  1. Townsend v. BoydSupreme Court of Pennsylvania · 1907
  2. Clippinger v. CrepsSupreme Court of Pennsylvania · 1833
  3. In Re Incorporation of Borough of Pocono RacewayCommonwealth Court of Pennsylvania · 1994
  4. Mountville BoroughSuperior Court of Pennsylvania · 1906

3Cited by2 opinions

  1. Pennsylvania Waste Industries Ass'n v. Monroe County Municipal Waste Management AuthorityCommonwealth Court of Pennsylvania · 2013
  2. In re Petition to Establish an Independent School District for Property Situate in Jefferson TownshipCommonwealth Court of Pennsylvania · 2013

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