Bowser v. Philadelphia

Citations

• 41 Pa. Super. 515
• 1910 Pa. Super. LEXIS 259

Syllabus

<p>Municipalities — Sewei's—Connection of sewers — Ordinances of the city of Philadelphia — Act of May 16, 1891, P. L. 75.</p> <p>1. The Philadelphia ordinance of March 9, 1867, p. 68, imposing a charge of $7.50 for a permit to connect with the sewer was repealed by the ordinance of March 30, 1889, p. 142, which imposed a charge of $4.00 for such permit, and the latter ordinance was in turn repealed by the ordinance of March 30, 1895, p. 61, providing charges regulated according to various kinds of paving, and imposing a charge of $1.00 for a permit where the street is unpaved.</p> <p>2. The Philadelphia ordinance of March 9, 1867, which imposes a charge of $7.50 for a permit to connect with a sewer, where the party applying had not contributed to the original construction of the sewer, and a charge of $3.00 where the party had contributed to the construction, is invalid either as an exercise of the police power, or of the taxing power, inasmuch as it involves an unfair and-improper classification.</p> <p>3. If a property has been benefited by the construction of a sewer it may be compelled to contribute to such construction by special assessment in the manner provided by the Act of May 16, 1891, P. L. 75, but the city cannot arbitrarily assume that the property has been benefited and exact for such benefit an excessive charge from the owner for the privilege of connecting with the sewer.</p>