Opinion
Argued September 7, 1971
October 13, 1971.
Annexation — The Borough Code, Act 1966, February 1, P. L. (1965) 1656 — Constitution of Pennsylvania, Art. IX.
1. The provision of Article IX of the Constitution of 1968 requiring the Legislature to enact uniform legislation regarding annexation proceedings within two years of the adoption of the Constitution (lid not invalidate annexation proceedings under the Borough Code, Act 1966, February 1, P. L. (1965) 1656, if said proceedings were pending within two years of the Constitutional adoption. [291-2]
Argued September 7, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.
Appeal, No. 230 C.D. 1971, from the judgment of the Court of Common Pleas of Schuylkill County, No. 8 Misc., May, 1969, in case of In Re: Annexation of Rahn Township, Schuylkill County, Pennsylvania, for the purpose of making Rahn Township a part of the Borough of Tamaqua, Schuylkill County, Pennsylvania.
Complaint challenging the validity of an annexation ordinance filed in the Court of Common Pleas of Schuylkill County. Complaint dismissed. CURRAN, P. J. Complainant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Joseph P. Semasek, for appellant.
A. W. McMichael, Solicitor for the Borough of Tamaqua, with him Fred C. Pace, Attorney for certain freeholders of Rahn Township, for appellee.
On May 13, 1969, the Borough of Tamaqua enacted an ordinance pursuant to the Borough Code which had the effect of annexing the Township of Rahn to the Borough. The Township has challenged this annexation procedure contending that all annexation procedures under the Borough Code had been repealed in 1968 by the adoption of amendments to the Constitution of Pennsylvania.
This same question was recently decided in Township of Franklin v. Borough of Delmont, 2 Pa. Commw. 310, 279 A.2d 387 (1971), and Township of Hempfield v. City of Greensburg, 2 Pa. Commw. 619, 280 A.2d 127 (1971). In those cases this court held that the provision of the Constitution of 1968 requiring the Legislature, within two years of the adoption of the Constitution, to enact uniform legislation involving annexation proceedings, did not invalidate such a proceeding pursuant to the Borough Code, when the annexation proceeding was pending within two years of the adoption of the 1968 amendments to the Constitution.
The order of the Court of Common Pleas of Schuylkill County is affirmed.