In re Incorporation of Borough of New Morgan

I must respectfully dissent to the majority opinion.

The motivation for the incorporation of the Borough of New Morgan, as acknowledged by the court-appointed Borough Advisory Committee and the majority opinion here, was to bypass the zoning and land development restrictions of Robeson and Caernarvon Townships on the uses sought to be developed by Morgantown Properties, i.e., a landfill and trash to steam plant. We agree with the majority that we cannot rely on Two Ponds, Inc. Appeal, 87 Pa.Cmwlth. 324, 489 A.2d 939 (1985), to dispose of this question inasmuch as the Court decided that case on…