Carlisle Borough Incinerator

EPPINGER, P. J.,

(Thirty-ninth Judicial District, Specially presiding),

The Borough of Carlisle (the borough) owns a five-acre plot located at the intersection of Interstate No. 81 (1-81) and Pennsylvania Route No. 34 (Mt. Holly Pike) that used to be a dump. At this point, 1-81 is an east-west road, while Mt. Holly Pike runs north and south. Though it is not now an issue in this case, Carlisle claims to have annexed the site, which was formerly in South Middleton Township.1 Another *561proceeding challenging the constitutionality of the annexation is pending before the court.2

On January 5, 1972,…