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· 7/20/1910

Bellevue Borough v. Gibson

Citations

  • 43 Pa. Super. 561
  • 1910 Pa. Super. LEXIS 95

Syllabus

<p>Road law — Boroughs—Street improvement — Act of May 16, 1891, P. L. 71.</p> <p>1. The Act of May 16, 1891, P. L. 71, is limited in its application to street improvements completed within two years preceding the approval of the act and those in progress of completion at the date of approval.</p> <p>Road law — Boroughs—Street improvements — Omission of ordinance— Remedial ordinance — Act of May 16,1891, P. L. 75.</p> <p>2. Where a petition is presented in accordance with the provisions of the Act of May 16, 1891, P. L. 75, for the grading, curbing and paving of a street of a borough and the street is improved under a contract made by the borough without the ordinance provided by the act, the borough councils may subsequently pass a remedial ordinance and thus legalize the contract so as to sustain municipal liens filed against abutting properties for the cost of the improvement.</p> <p>3. Where an improvement of a street is made by the officers of a municipality without authority of ordinance, councils may, by subsequent ratification, validate and adopt the unauthorized act.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Rice

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