Marietta Borough v. East Donegal Township

Opinion by

Mr. Chief Justice Jones,

This appeal requires the resolution of yet another inconsistency in the statutory provisions governing the annexation of land from a Second Class Township by a Borough.1

In 1967 the Borough of Marietta annexed 111.1 acres of land from East Donegal Township under the procedures provided in the Borough Code.2 Although the Township contested the merits of the annexation, it was affirmed on appeal by the Superior Court. East Donegal Township Annexation Case, 213 Pa. Superior Ct. 76, 245 A. 2d 706 (1968). This appeal is the result of a post-annexation controversy…