Brackney v. Crafton Borough

Citations

• 31 Pa. Super. 413
• 1906 Pa. Super. LEXIS 229

Syllabus

<p>Constitutional law — Sewers—Municipal improvements — Act of April 2, 1903, P. L. 124 — Constitution of Pennsylvania, article XVI, sec. 8 — Taxation.</p> <p>The Act of April 2, 1903, P. L. 124, which provides that the report of a board of viewers shall be final and conclusive when confirmed by the court as to any assessment made therein to pay the costs and expenses of any street, sewer, or other improvement, doe3 not violate section 8 of article XVI of the constitution of Pennsylvania, which prohibits the general assembly from depriving any person of an appeal from any preliminary assessment of damages made against him by viewers. In such a case the assessment contemplated by the constitution referred to the damage sustained by a property owner whose property has been taken, injured or destroyed, and not to the costs of a municipal improvement, which are in the nature of a tax.</p>