Carlisle v. Welsh

Citations

• 74 Pa. Super. 255
• 1920 Pa. Super. LEXIS 134

Syllabus

<p>Municipalities — Main sewers — Construction—Cost—Assessment of property owners — Ordinances.</p> <p>Where it was the purpose and intention of a borough council, as manifested in the several ordinances providing for the construction of a sewerage system, that the main outfall sewer of the borough should be constructed solely at public expense, no part of the cost thereof can be assessed against abutting property owners.</p> <p>To collect the cost of such improvement from the abutting property owners, it is a basic and fundamental prerequisite that the borough should signify its intention to make such assessment.</p> <p>Ordinances for the assessment of the cost of lateral sewers in a given district, and for the main and trunk sewers leading to the main outfall sewer, which have no reference to the latter improvement, are not authority for assessments on properties abutting on the outfall sewer. The basic and fundamental legislation necessary for such assessment being lacking, it cannot be sustained.</p>