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· 7/13/1892

McAskie's Appeal

Citations

  • 154 Pa. 24
  • 26 A. 60
  • 1892 Pa. LEXIS 1156

Syllabus

<p>Boroughs — Annexation to city — Act of May 23, 1889.</p> <p>The dismemberment of an adjacent borough by a process of annexation instituted by an adjoining city, cannot be permitted except in the exercise of a clearly expressed power to that effect, conferred by an act of the legislature: Pittsburgh’s Appeal, 79 Pa. 323, applied.</p> <p>Under the act of May 23, 1889, P. L. 280, giving power to annex to a city of the third class either a borough or a township, or part of a township or out-lot's, or a section of land not exceeding one hundred acres, there is no authority for the annexation of a part of a borough adjacent to & city.</p> <p>Constitutionality of act of May 23, 1889.</p> <p>Not considered whether the provisions of the act of May 23, 1889, P. L. 280, relative to the annexation of territory is local legislation or whether the subject is clearly expressed in the title.</p>

Judges: Dean, Green, Heydrick, McCollum, Mitchell, Paxson, Sterrett, Williams

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