Mill Creek Borough

Citations

• 32 Pa. Super. 465
• 1907 Pa. Super. LEXIS 34

Syllabus

<p>Boroughs — Incorporation—Inclusion of lands — Acts of April 1, 1863, P. L. 200 and June 26, 1895, P. L. 389.</p> <p>A general decree incorporating a borough has the effect of overruling exceptions to the petition for incorporation. It is not necessary for the court to make a formal order granting or refusing a request of a party who seeks to have his land excluded. The decree of incorporation is a legal refusal of such request.</p> <p>On an appeal from a decree incorporating a borough, the appellate court will not review the discretion of the lower court in determining questions of fact, unless an abuse of such discretion is distinctly charged and clearly established.</p> <p>There is nothing in the legislation relating to the incorporation of boroughs which authorizes the presentation by the parties of requests for findings of fact by the court.</p>