The Wilkinsburg annexation process has been hampered once again, just days before a court is scheduled to hear a petition to resume the merger process, as objections begin to pour in.
On Thursday, a group of five Pittsburgh citizens submitted a combined opposition to the initiative, joining three others — two Wilkinsburg residents and one city resident — who had already filed individual objections.
After being rejected by Pittsburgh City Council in February, the Wilkinsburg Community Development Corporation submitted a petition to reopen the merger process on September 29.
According to court papers, the WCDC’s petition is functioning under the Pennsylvania 1903 Annexation Law. However, the opponents argue that the statute is null and void since it was abolished by the state legislature in July.
Attorney Cliff Levine, who is representing the WCDC argued that the law was still valid because the repealed sections were not completed according to proper procedure laid out in the state’s constitution.
However, the group of objectors argues that even if that is the case, the law was previously repealed in 1970, when the General Assembly was reviewing changes of municipal boundaries, but did not act within the constitutionally mandated two-year time limit.
“Even if, for some reason, this court finds that the 1903 Annexation Law survived the [1970] deadline … the General Assembly’s repeal of the 1903 Annexation Law was effectively repealed by Act 41 of 2022,” attorney Chuck Pascal, who represents the group of five objectors, argued in the filing.
Validity of the 1903 law aside, objectors also have raised the issue that if proceedings continue to follow the outline of that law, it doesn’t allow for “any formal participation” by the Pittsburgh Public School District or Pittsburgh residents.
“Only the City Council of the City of Pittsburgh has a role, and, of course, City Council has no governance authority over school district affairs,” the objection said.
Pam Harbin, a member of the Pittsburgh Public School Board, is listed in court documents as one of the objectors, acting in her official capacity.
During the first round of merger discussions, the Wilkinsburg School District said that they were open to discussing what a merger between it and Pittsburgh Public Schools would look like.
