Wilkinsburg annexation supporters file an appeal
A community group pursuing the annexation of Wilkinsburg Borough by the city of Pittsburgh has filed a petition seeking review by the Pennsylvania Supreme Court in an effort to once again kick start the consolidation process.
Last fall, the Wilkinsburg Community Development Corporation filed a petition to restart the annexation process after it had been voted down by City Council in February 2022. It based the petition on a 1903 law that required 635 signatures to put the matter back in City Council’s hands.
Shortly after, a group made up of Wilkinsburg and Pittsburgh residents filed an objection to the petition saying that it was based on outdated policies.
Last November, Allegheny County Common Pleas Judge Joseph James rejected the community group’s move, agreeing that the 1903 law had been repealed decades ago. That decision was affirmed last month by Commonwealth Court after the group appealed Judge James’ ruling.
“Petitioners seek to provide an opportunity for Wilkinsburg residents to decide for themselves whether it is in their community’s best interest to join the City of Pittsburgh,” the latest petition said. “As a result of the lower court opinions, and the failure to adhere to constitutional principles, they have wrongly been denied that choice.”
The petition goes on to allege that the 1903 law was not properly repealed, making it a valid method to pursue annexation. It also said that Commonwealth Court does not have the power to repeal statutory provisions, and in doing so it has threatened the separation of powers.
“This court’s review is necessary to confirm these core constitutional separation of powers principles and to enforce the General Assembly’s responsibility to provide the public and its members with adequate opportunity to consider amendments to pending legislation,” the petition said.
The state Supreme Court has not indicated whether it will review the case. Objectors have up to two weeks to respond to the appeal.
The lower court rulings left the only possible way for annexation to happen would be for both the city and the borough to vote via a ballot referendum.
When the WCDC filed its petition last fall, a group of objectors filed challenges to the petition, saying that Pittsburgh residents should “have the right to vote on the same issue … as it would affect them equally, if not more so.”
Under the 1903 law, Pittsburgh City Council would have to approve the annexation and then it would go on a ballot referendum for only Wilkinsburg residents to vote on.
Tracey Evans, the executive director with the Wilkinsburg Community Development Corporation, said while some people have pointed out that a dual vote of both city residents and borough residents would be “more fair,” the process would actually become more difficult.
A dual referendum would only cover government entities, she said, and wouldn’t include the consolidation of the school districts.
“I’m not saying it couldn’t be done,” Ms. Evans said. “I’m just saying that it’s not a practical way … for Wilkinsburg or other smaller municipalities in the future who might want to do the same thing. For me, I believe [annexation is] the right thing for the community.”
Last fall, voters in the borough voted on a ballot referendum to create a Government Study Commission.
The seven-member body has been tasked with examining possible changes to the borough’s current government.
Annexation supporters were against the commission and said it was a push for a home rule charter for the borough rather than joining the city of Pittsburgh. If the commission decides to move toward a home rule charter, voters would have to approve that also.