In re Incorporation of Borough of New Morgan

590 A.2d 274 (1991)

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In re Incorporation of Borough of New Morgan

Pennsylvania Supreme Court
590 A.2d 274 (1991)

SC

Facts

Morgantown Properties (plaintiff) owned a 3,700-acre tract of land that it wished to develop. The land was partially in Caernarvon Township and partially in Robeson Township. Morgantown filed a petition to incorporate the tract of land as its own municipality. Caernarvon Township and Robeson Township (the townships) (defendants) argued that Morgantown’s motive was solely to avoid the other townships’ zoning regulations. The trial court upheld Morgantown’s incorporation. The townships appealed.

Rule of Law

Issue

Holding and Reasoning (Flaherty, J.)

Dissent (McDermott, J.)

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