In Re Annexation of a Portion of Township of Franklin

Opinion by

Judge Mencer,

In September, 1969, annexation proceedings were commenced to annex approximately 80 acres of land situate in the Township of Franklin into the Borough of Delmont, both political subdivisions being in Westmoreland County. The Township of Franklin filed an appeal complaint as to the legality of the annexation ordinance under Section 1010 of the Act of February 1, 1966, P. L. (1965) , No. 581, as amended by the Act of October 9, 1967, P. L. , No. 181, 53 P.S. §46010. The Borough of Delmont et al., petitioned the Court of Common Pleas of Westmoreland County for a rule to…