First town filed suit against second town, challenging validity of reorganization plan with township and seeking a declaratory judgment invalidating the plan. Second town counterclaimed, contending that first town lacked authority to pursue its annexation plans for portions of the township. Towns cross-moved for summary judgment. The Superior Court granted summary judgment for first town. Second town appealed.
The Court of Appeals held that:
- Second town’s appeal was not moot; as matters of first impression,
- Second town was authorized under Government Modernization Act to exercise powers of a township when it adopted its plan;
- Adjacency requirement of the Act was met; and
- Reorganization plan was first in time over annexation efforts.