Angle v. Stroudsburg Borough

Citations

• 29 Pa. Super. 601
• 1905 Pa. Super. LEXIS 388

Syllabus

<p>Boroughs — Sidewalks—Duty of owner — Notice—Equity.</p> <p>A borough has power to ordain the laying of sidewalks by the abutting owners, and upon their default, to lay the walks and collect the cost, with an addition of twenty per centum, as provided by the general borough law of April 3, 1851, sec. 2, P. L. 320. The owner, however, cannot be deemed in default, if he has not received reasonable notice to do the work.</p> <p>Where a borough ordinance fixes sixty days as the period of notice to lay sidewalks, and the ordinance applies to certain streets only, a subsequent ordinance applying to other streets of the borough, and fixing thirty days as the period of notice, is void.</p> <p>A court of equity has jurisdiction to restrain borough authorities from enforcing an ordinance requiring owners to lay sidewalks within thirty days, where it appears that such ordinance is invalid, and that no appeal to the quarter sessions could be heard until after the expiration of thirty days. In such a case the remedy at law is inadequate.</p>