Allen v. Swarthmore Borough

Citations

• 25 Pa. Super. 410
• 1904 Pa. Super. LEXIS 80

Syllabus

<p>Sewers — Permits—Inspector—-Borough—Equity.</p> <p>Where the authorities of a.borough have placed blank sewer permits in the hands of the sewer inspector, to be signed and issued by him as they are applied for, the borough cannot object that the permit was not issued by the secretary as required by ordinance, where it appears that it has received a property owner’s money for the permit, and the latter in good faith, has made the connection at the very place designated by the inspector, has completed his drain, and the sewer inspector has inspected and approved the work.</p> <p>Where a person owns an L shape lot made up of two lots fronting on different streets, but with only one house on the entire premises and with no physical division separating one part of the property from the other, a sewer permit which describes the premises as located on the eastern side of one of the streets, sufficiently describes the premises, although the house fronted on the other street where there was no public sewer. In such a case the facts that the point of connection designated by the inspector was not immediately opposite the lot, and that the owner conducted his drain across the lot of another person, are immaterial.</p> <p>Where a property owner has paid a borough for a sewer permit and has made a proper connection with the sewer at a point designated by the sewer inspector, he has a right to maintain a bill in equity against the borough to prevent it from cutting off his connection, as a means of compelling him to pay a foot front assessment for which the owner is either not liable, or which was enforceable in a mode prescribed by ordinance.</p>