Opinion
April 16, 1963.
June 4, 1963.
Municipalities — Annexation of township land — Public interest — Finding of court below — Appellate review — Scope — Act of July 20, 1953, P. L. 550.
On an appeal from an order approving the annexation of township land by another municipality, based upon a finding that such annexation is in the public interest, the scope of appellate review is limited to ascertaining whether there is any evidence to support the court's finding that the annexation is in the public interest, and that the court did not abuse its discretion in so finding.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 12, March T., 1963, from order of Court of Quarter Sessions of Crawford County, Nov. T., 1961, No. 56, in the matter of annexation of West Mead Township to City of Meadville. Order affirmed.
Petition for annexation of part of township.
Order entered directing annexation, opinion by MOOK, P. J. Township appealed.
R. Charles Thomas, with him F. Joseph Thomas, for appellant.
John V. Pepicelli, City Solicitor, for City of Meadville, appellee.
In accordance with the Act of July 20, 1953, P. L. 550, § 1 et seq., 53 P. S. § 67501 et seq., the court below determined that the annexation of certain lands in West Mead Township, Crawford County, to the City of Meadville was in the public interest. This appeal from the order affirming the annexation questions the correctness of this determination.
The scope of our review in this matter is 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 judgment for that of the court below in the absence of a showing of an abuse of discretion. West Conshohocken Borough Appeal, 405 Pa. 150, 173 A.2d 461 (1961).
After carefully reviewing the record, we find that there is ample evidence to support the determination made below and hence the lower court did not abuse its discretion in concluding that this annexation is in the public interest.
Order affirmed.