Clairton Borough

Citations

• 34 Pa. Super. 74
• 1907 Pa. Super. LEXIS 82

Syllabus

<p>Boroughs — Annexation of adjacent territory — Appeals—Quarter sessions —Acts of June 2,1871, P. L. 283 and April 22,1903, P. L. 247.</p> <p>The Act of April 22, 1903, P. L. 247, relating to the annexation of adjacent territory to boroughs, repeals the Act of June 2, 1871, P. L. 283, sec. 4, giving the right of appeal to the. quarter sessions.</p> <p>When the record of annexation proceedings is filed in the court of quarter sessions as provided by the Act of April 22, 1903, P. L. 247, the court has jurisdiction only to pass upon any irregularity in the record itself, upon the application of a party in interest. It cannot go behind the record and Open up the proceedings for the purpose of determining whether or not the town council had acted upon good and sufficient grounds, had properly considered the facts involved, or had exercised a proper discretion in the passage of the ordinance providing for annexation.</p> <p>Since the passage of the Act of April 22, 1903, P. L. 247, the remedy of a party aggrieved may be by a bill in equity in the common pleas for relief from the attempted extension of the boundaries of the borough.</p>