In re Ordinance Number 85-2 of Frackville

Opinion by Judge MacPhail,

The Borough of Ashland (Ashland) appeals from an order of the Court of Common Pleas of Schuylkill County which sustained the preliminary objections of the Borough of Frackville (Frackville) to a complaint filed by Ashland. We affirm.

Ashland commenced its action under the authority of Section 1010 of The Borough Code, Act of February 1, 1966, P.L. (1965) 1656, as amended, 53 P.S. §46010, which provides that “[c]omplaint as to the legality of any ordinance or resolution may be made to the court.” Ash-land’s complaint avers a series of defects in the enactment of…