Opinion
March 18, 1957.
May 29, 1957.
Municipalities — Boroughs — Ordinances — Court of quarter sessions — Practice — Motion to strike off ordinance as invalid — Timeliness — Act of May 18, 1933, P. L. 818.
A proceeding in the court of quarter sessions to strike off, as invalid, a borough ordinance, must be instituted within thirty days after the ordinance takes effect: Act of May 18, 1933, P. L. 818, § 1.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 4, March T., 1957, from order of Court of Quarter Sessions of Somerset County, May T., 1955, No. 7, in re Annexation to Borough of New Centerville of Somerset County, Pennsylvania. Appeal dismissed.
Proceeding upon motion of Board of Supervisors to strike off petition for annexation. Before LANSBERRY, P.J.
Order entered refusing motion to strike off petition. Board of Supervisors appealed.
Archibald M. Matthews, for appellant.
Alexander Ogle, for appellee.
This appeal is from a proceeding which was instituted in the court below by a motion to strike off, as invalid, a borough ordinance more than a year after the effective date of the ordinance. By statutory requirement, such a proceeding must be instituted within thirty days after the ordinance takes effect. See Act of May 18, 1933, P.L. 818, 53 P. S. § 12900 (pkt. part). The court below should, therefore, have summarily dismissed the motion as having been lodged out of time.
Appeal dismissed.