Borough of Dunmore v. Conrad

Citations

• 76 Pa. Super. 473
• 1921 Pa. Super. LEXIS 172

Syllabus

<p>Municipalities — Sewers—Cost—Assessments — Foot-front rule— Lien — Revival—Amendment.</p> <p>The foot-front rule of assessments is not a principle of taxation, but is merely a convenient method reasonably certain to produce a substantially fair result in built-up sections of a city, and adopted and sustained as a practical adjustment of proportional benefits. As the method furnishes only a working rule for practical adjustment of proportional assessments, the appellate courts cannot, without considering the evidence, determine if the rule has been misapplied. Where the evidence has been omitted from the record the appellate court relies upon the presumption in favor of the validity of the ordinance and its application.</p> <p>Joining three lots in .one assessment will not invalidate a municipal lien, filed for assessments under the foot-front rule for the erection of a sewer, especially where it appears that the property is a single lot, as mentioned in the claim.</p> <p>A municipal lien is not lost where a judgment is entered by the prothonotary pursuant to the direction of a referee within two days before the expiration of the five-year period from the entry of the original judgment. The decision by the referee had the same weight and effect as a verdict of a jury, and under the provisions of section 10 of the Act of June 4, 1901, P. L. 367, the lien continued five years from the date of such entry.</p> <p>An amendment, adding to the claim as originally filed, certain details of the kind and character of work done, is properly allowed.</p> <p>PORTER, J., dissents.</p>