Legal Opinion

Leetsdale Borough

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 143PublishedCited by 4 opinions

Appeal, No. 143, April T., 1904, by Joseph W. Craig et al., from order of Q. S. Allegheny Co., June T., 1903, No. 64, incorporating a borough in case of Borough of Leetsdale. Petition for the incorporation of a borough. Prom the record it appeared that the principal contention of the acceptants was that their properties included within the proposed borough lines were farming lands exclusively, and not a part of any village.

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Appeal, No. 143, April T., 1904, by Joseph W. Craig et al., from order of Q. S. Allegheny Co., June T., 1903, No. 64, incorporating a borough in case of Borough of Leetsdale. Petition for the incorporation of a borough. Prom the record it appeared that the principal contention of the acceptants was that their properties included within the proposed borough lines were farming lands exclusively, and not a part of any village. The court, however, in an opinion by Rodgers, J., held that the territory was reasonably compact, largely built up and growing rapidly. Error assigned was the order of the…

1Opinion of the Court

Opinion by

Mobkison, J.,

This is an appeal by nine persons from the decree of the court of quarter sessions of Allegheny county incorporating the borough of Leetsdale. The first, second and third assignments of error raise questions which the legislature has seen fit to commit to the discretion of the courts of quarter sessions. And while the action of such courts can be reviewed on appeal, yet the established rule is that the appellate court will not reverse except for a plain abuse of discretion: Taylor Borough, 160 Pa. 475; Narberth Borough, 171 Pa. 211. In the latter case, p. 220, the…

2Cases cited4 opinions

  1. Incorporation of NarberthSupreme Court of Pennsylvania · 1895
  2. Taylor BoroughSupreme Court of Pennsylvania · 1894
  3. Alliance BoroughSuperior Court of Pennsylvania · 1902
  4. Incorporation of Wayne BoroughSuperior Court of Pennsylvania · 1900

3Cited by4 opinions

  1. In re Millbourne BoroughSuperior Court of Pennsylvania · 1911
  2. Eden Park Borough IncorporationSuperior Court of Pennsylvania · 1945
  3. Mill Creek BoroughSuperior Court of Pennsylvania · 1907
  4. Ivyland BoroughSuperior Court of Pennsylvania · 1904

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