In re Incorporation of the Borough of Bridgewater
Pennsylvania Commonwealth Court
488 A.2d 374 (1985)
- Written by Jamie Milne, JD
Facts
Toby Farms was a 92-acre area within Chester Township (township) in Delaware County, Pennsylvania. The residents of Toby Farms (plaintiffs) petitioned to incorporate themselves as a new borough known as the Borough of Bridgewater (borough). If incorporated, the borough would operate as its own local-government entity, removed from the township’s jurisdiction. In response, the township filed a motion asking the trial court to convene a five-member advisory committee to assess the advisability of incorporating the borough, as was required by state law. The committee reviewed evidence showing that the current composition of the township was 59 percent White and 41 percent non-White. If the new borough was incorporated, the borough would be 82.5 percent White and 17.4 percent non-White, while the township would be 26.6 percent White and 73 percent non-White. Evidence also showed that the proposed borough consisted exclusively of private residences. In contrast, the township had commercial properties and low-income housing in addition to private residences. Based on the data, the committee recommended against incorporating the borough. The trial court agreed and denied the petition to incorporate, concluding that the petition was racially motivated and would deprive the township of vital financial support. The residents appealed to the Pennsylvania Commonwealth Court.
Rule of Law
Issue
Holding and Reasoning (Palladino, J.)
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