Legal Opinion

Lackawanna Township

Supreme Court of Pennsylvania

Decided March 26, 1894No. Appeal, No. 129PublishedCited by 7 opinions

Appeal, No. 129, Jan. T., 1894, by David Harris and James Dunn, from order of Q. S. Lackawanna Co., sustaining proceedings upon petition to annex a portion of Lackawanna township to the city of Scranton. Petition to annex portion of township to city. The petition was addressed to the select and common counoils of the city of Scranton. An ordinance of councils was passed in accordance with the prayer of the petition.

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Appeal, No. 129, Jan. T., 1894, by David Harris and James Dunn, from order of Q. S. Lackawanna Co., sustaining proceedings upon petition to annex a portion of Lackawanna township to the city of Scranton. Petition to annex portion of township to city. The petition was addressed to the select and common counoils of the city of Scranton. An ordinance of councils was passed in accordance with the prayer of the petition. David Harris et al., citizens and taxable inhabitants of the district proposed to be annexed, took an appeal from the action of councils, and filed exceptions which were among…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The petition for annexation to the city of Scranton in this case is in conformity with the act of 1889, under which this proceeding seems to have been conducted. If that act is constitutional the decree of the court below may be sustained. Its constitutionality is assailed upon two grounds. It is alleged in the first place that the subject of changing or enlarging the limits of a city is not within the purview of the title; and in the next place that the act is local and therefore transgresses the constitutional prohibition against local legislation.

The title is…

2Cited by7 opinions

  1. Lancaster City Annexation CaseSupreme Court of Pennsylvania · 1953
  2. Franklin v. HancockSuperior Court of Pennsylvania · 1901
  3. Lancaster Annexation CaseSuperior Court of Pennsylvania · 1957
  4. Sheraden BoroughSupreme Court of Pennsylvania · 1907
  5. Commonwealth ex rel. Liem v. RobinsonSuperior Court of Pennsylvania · 1899

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