Upper Saucon Township v. Coopersburg
Upper Saucon Township v. Coopersburg
Opinion of the Court
Opinion by
This is an appeal from an Order of the Court of Common Pleas of Lehigh County dated March 9, 1971, approving an ordinance providing for, and affirming,
As was succinctly stated by the annexation Commissioners: “This proceeding presents the usual controversy between a burgeoning borough seeking to increase its territorial limits and a jealous township anxious to preserve unto itself all its land within its present boundaries.” The main thrust of the appellant Township’s argument is that the lower court abused its discretion because its conclusion was unsupported by the evidence and thereby also committed an error of law.
Although no right of appeal is specifically provided for under the annexation provisions of the 1953 Act,
Section 4 of the Act (53 P.S. 67504) provides: “Within sixty days after its appointment, the board shall inquire into and make findings of fact as to (1) the relative advantages and disadvantages to the borough, city or township, and the township affected by the annexation, (2) the assessed valuation of the township, the assessed valuation of the territory to be annexed, and how the annexation would affect the remainder of the territory, (3) the township indebtedness, (4) the value of all public improvements, including, but not limited to, roads, buildings and sewers in the territory to be annexed and the indebtedness chargeable thereto, (5) the future plan of the entire area, and (6) any other matters directed by the court.” A reading of the short record in this case leads us to the conclusion that counsel for the Borough, with specific reference to the six subparagraphs of Section 4 of the Code, quoted immediately above, adequately presented evidence on each and every subparagraph. A reading of the report of the Board of Commissioners likewise adequately makes findings of fact as mandated by the statute.
In the case of West Mead Township Annexation Case, 206 Pa. Super. 166, 170, 213 A. 2d 124, 126 (1965), the court said: “The scope of appellate review in annexation cases was stated in West Mead Township Appeal, 411 Pa. 94, 191 A. 2d 273, which involved Annexation Area No. 1, to be limited to ascertaining whether there is any evidence to support the lower court’s finding that the annexation is in the public interest, and hence we are not permitted to substitute our
We have not overlooked the complaint of the Township that it is being “carved up piece-meal.” However, it is not within the scope of review for this Court to determine the advisability of the annexation. It is the responsibility and duty of the court below to take into account the annexation designs of surrounding municipalities in reaching the court’s determination that the annexation will serve the public interest. Based upon the foregoing, we affirm the court below.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.