In re Incorporation of the Borough of Chilton
Pennsylvania Commonwealth Court
646 A.2d 13 (1994)

- Written by Sean Carroll, JD
Facts
Robert and Susan Mumma and others (plaintiffs) filed a petition to incorporate the Borough of Chilton, a 492-acre tract of land on the Yellow Breeches Creek. The land was mostly undeveloped except for the Mummas’ mansion and a few tenant houses. The Mummas planned to build a golf course on the land with 350 surrounding residential units. The only residents on the land at the time of the petition were the Mummas and their child. The Borough Advisory Committee (the committee) issued a report recommending that incorporation be denied. The committee found that the current plans for the development of Chilton were too speculative. The committee also found that Chilton would struggle to comply with certain legal requirements, including the borough code and the Pennsylvania Election Code, for an indeterminate time after incorporation. The trial court felt constrained by the incorporation statute and rejected the committee’s recommendation. The court granted incorporation because, tracking the statute’s language, Chilton would be a harmonious whole and desirable. Those objecting to the incorporation appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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