Wyomissing Borough Annexation

74 Pa. D. & C. 49, 1950 Pa. Dist. & Cnty. Dec. LEXIS 114
CourtBerks County Court of Quarter Sessions
DecidedJanuary 6, 1950
Docketno. 739
StatusPublished

This text of 74 Pa. D. & C. 49 (Wyomissing Borough Annexation) is published on Counsel Stack Legal Research, covering Berks County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyomissing Borough Annexation, 74 Pa. D. & C. 49, 1950 Pa. Dist. & Cnty. Dec. LEXIS 114 (Pa. Super. Ct. 1950).

Opinion

Hess, J.,

On November 9, 1948, a petition was presented to the Council of the Borough of Wyomissing by residents and freeholders of Spring Township requesting that council annex to the borough a portion of Spring Township immediately north of and [50]*50adjacent to the present boundaries of Wyomissing. At a regular monthly meeting on January 11, 1949, the borough council by unanimous vote adopted an ordinance, purporting to annex the area in question, and thereafter caused to be filed in the office of the Clerk of Quarter Sessions of Berks County a certified copy of the ordinance, a plot and description of the boundaries of the borough before and after annexation. Within the time provided by law appeals were filed by Spring Township, the School District of Spring Township, and Harvey M. Hoffert, a freeholder and resident of the area annexed. The freeholders who petitioned the borough council to take steps to annex the territory then sought and were granted leave to intervene in this proceeding.

Voluminous testimony was recorded and numerous exhibits were admitted at the various hearings at all of which the writer of this opinion presided, and thereafter the issues were ably argued by counsel for the parties before the full court. The questions raised concern the legality of the proceedings as carried out and the propriety of the annexation. The proceedings were initiated under authority of the Borough Code of May 4, 1927, P. L. 519, as revised and amended by the Borough Code of July 10, 1947, P. L. 1621, 53 PS §12461, et seq. As last amended in 1947, sections 425 and 426 provide:

“Section 425. Annexation; Ordinance; Limitation of Subsequent Proceedings. — Any borough may, by ordinance, annex adjacent land situate in a township of the second class in the same or any adjoining county, upon petition. The petition shall be signed by a majority in number of all of the freeholders of the territory to be annexed. If an ordinance to make such annexation is defeated, no other proceeding for the annexation of the same territory, or any part thereof, shall be had within five years thereof.

[51]*51“Section 426. Procedure. — A certified copy of any ordinance, adopted together with a description, and a plot showing the courses and distances of the boundaries of the borough before and after such proposed annexation, shall be filed in the court of quarter sessions of the county, or, in case the land proposed to be annexed is situate in an adjacent county, then in the courts of both counties. A notice of such filing shall also be filed in the office of the county board of elections of the proper county. Thereupon the territory proposed to be annexed shall be a part of the borough; except when any ordinance and plot are filed in the office of the clerk of the court of quarter sessions within two months of any general, municipal, or primary election, in which case the property proposed to be annexed shall not become a part of the borough until the day succeeding such election.”

The territory annexed covers an area of approximately 1,000 acres of which roughly 200 acres comprise the village of Berkshire Heights and industrial properties, and the remainder is largely farm land, unsettled areas, and an industrial or borough dumping ground. Spring Township is a progressive township with certain well developed areas and presently has approximately 4,000 persons on the taxable rolls. Assessable real estate in the year 1948 totaled $3,527,-970.00 for the township. The school district is a district of the third class and the present school facilities are highly commendable. The assessable value of real estate for school tax purposes in 1948 was $4,817,554. The assessed valuation of real estate in the annexed area is approximately $871,150. Wyomissing is a progressive borough which is well governed and offers more than the usual borough advantages to its residents in the form of recreational facilities, governmental services, library facilities and other services. For the most part it is a residential community, but to the north it [52]*52has a prominent industrial area. This industrial area and the tracks of the main line of the Reading Company railroad separate the territory presently included in the borough from the annexed area.

.In considering the questions raised by the parties we will discuss them in two categories: (1) The legality of the proceedings in relation to the Borough Code, supra, and (2) propriety of the annexation. The legality or validity of the proceedings is resolved into three principal attacks by appellants: (a) The ordinance; (b) the plot plan; (c) the description of the borough before and after annexation.

Legality

(a) The ordinance. In Irwin Borough Annexation Case (No. 1), 165 Pa. Superior Ct. 119, 125, Judge Reno succinctly sets forth the modus operandi of the annexation procedure: “The ordinance is the legislative act by which annexation is effected; the description is the verbal delineation of the boundaries; the plot is the graphic representation of the description; both must be correct and correspond with each other. The office of the description and plot is to furnish means whereby the annexed land and the boundaries of the borough can be identified. Minor discrepancies may be disregarded (citing cases), but the description and the plot must together definitely fix the boundaries with reasonable certainty.”

The ordinance which is the keystone of this annexation proceeding was adopted as is required by law, and apparently the only objection raised concerning it is that the ordinance does not contain a description of the area to be annexed by courses and distances and that the territory could not be plotted from the description contained in the ordinance. Appellants apparently concede that the description included in the ordinance conforms exactly to the description contained in the [53]*53petition presented to borough council and the issue that loomed so prominently in Irwin Borough Annexation Case (No. 1), supra, is not before us. A careful reading of sections 425 and 426 of the Borough Code, supra, does not appear to require a description in the ordinance by courses and distances. In fact, the language of section 426 would seem to negate such requirement: “A certified copy of any ordinance, adopted together with a description, and a plot showing the courses and distances of the boundaries of the borough before and after such proposed annexation ...” are required to be filed in the office of the clerk of quarter sessions. The placing of a comma after “ordinance” and before “adopted together with a description”, would reasonably permit a construction that the ordinance should be adopted with a description and not that a separate description be filed with the plan.1 A description that reasonably distinguishes and designates the area proposed to be adopted would appear to be all that the foregoing section requires under any reasonable construction. The requirement for “courses and distances” refers at the most to the plot and to the description if section 426 be construed to require the filing of a separate description.

As we read the description in the ordinance, however, courses and distances are stated although no bearings are mentioned. The description begins at an ascertainable point and continues along certain lines [54]*54for designated distances to definite calls or monuments and concludes by returning to the place of beginning.

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Related

Mountainville Election District's Annexation
156 A. 162 (Supreme Court of Pennsylvania, 1931)
Myer v. Curry
139 A. 731 (Supreme Court of Pennsylvania, 1927)
Irwin Borough Annexation Case (No. 2)
67 A.2d 765 (Superior Court of Pennsylvania, 1949)
Irwin Borough Annexation Case (No. 1)
67 A.2d 757 (Superior Court of Pennsylvania, 1949)
Pleasant Hills Borough Inc. Case
53 A.2d 882 (Superior Court of Pennsylvania, 1947)
North Braddock Borough's Annexation Case
190 A. 357 (Superior Court of Pennsylvania, 1936)
Commonwealth v. Bienkowski
9 A.2d 169 (Superior Court of Pennsylvania, 1939)

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Bluebook (online)
74 Pa. D. & C. 49, 1950 Pa. Dist. & Cnty. Dec. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyomissing-borough-annexation-paqtrsessberks-1950.