Devore's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Westmoreland county. In Equity. No. 34 to October and November Term 1867. On the 6th of October 1866 James Shields and others presented their bill against J. E. Devore and others, burgess and- council of the borough of Mount Pleasant, setting forth that the complainants were owners of certain lots, outlots and farm land in Mount Pleasant and East Huntingdon townships, adjoining the borough of Mount Pleasant; that the…
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Appeal from the decree of the Court of Common Pleas of Westmoreland county. In Equity. No. 34 to October and November Term 1867. On the 6th of October 1866 James Shields and others presented their bill against J. E. Devore and others, burgess and- council of the borough of Mount Pleasant, setting forth that the complainants were owners of certain lots, outlots and farm land in Mount Pleasant and East Huntingdon townships, adjoining the borough of Mount Pleasant; that the burgess and town council of the borough, by ordinance on the 17th of July 1866, extended the limits of the borough,…
1Opinion of the Court
The opinion of the court was delivered, November 7th 1867, by
Strong, J.
The power which by the 30th section of the Act of Assembly of April 3d 1851, entitled “ An act relating to boroughs,” is conferred upon the burgess and town council, is a very large and unusual one. Generally the formation and regulation of municipal districts within the Commonwealth, and the extension or contraction of their boundaries, have been by direct action of the legislature. They have not often been committed to merely local authorities. When, therefore, the burgess and town council of any borough attempt to…
2Cited by7 opinions
- Whitney v. Jersey Shore BoroughSupreme Court of Pennsylvania · 1920
- In Re Annexation of a Portion of AbingtonSuperior Court of Pennsylvania · 1930
- Fister v. BoroughSuperior Court of Pennsylvania · 1912
- In Re: Scottdale Borough AnnexationSuperior Court of Pennsylvania · 1926
- In re Annexation of a Portion of Porter TownshipSuperior Court of Pennsylvania · 1921
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