Chew v. City of Philadelphia

Citations

• 257 Pa. 589
• 101 A. 915
• 1917 Pa. LEXIS 784

Syllabus

<p>Equity — Municipalities—Railroads—Contracts—Illegality—Borrowing capacity — Eminent domain — Freight yard purposes — Ordinances— Appropriation — Injunction — Taxpayers’ and property owners’ hill — Multiplicity—Laches—Acts of April 8, 181fi, B• L. 272; March 17, 1869, P. L. 12; June 9,187i, P. L. 282, and June 11,1879, P. L. 180.</p> <p>1. The rule of laches applies to a taxpayers’ or property owners’ bill to enjoin a municipality from carrying out a contract involving a public improvement about to be constructed without legal authority.</p> <p>2. A city will not be enjoined from carrying out a contract for municipal improvements on the ground of insufficient borrowing capacity, where the bill in equity was not filed until all the money had been either actually or in effect raised by the city and a large part thereof actually expended on the improvement.</p> <p>3. The chancery powers of the courts in the County of Philadelphia to issue injunctions against tEe erection or use of any public works is materially modified by the Act of April 8, 1846, P. L. 272, which prohibits the exercise of such power until the questions of title and damages shall be submitted and finally decided by a common law court.</p> <p>4. Where a municipality and a railroad, acting under the authority of the Acts of June 9,1874, P. L. 282, and March 17, 1869, P. L. 12, contract in relation to the appropriation of land for yard or other facilities required to meet present and future needs created by a general scheme for railroad relocation, the elevation of tracks and other improvements of great magnitude, a court will not interfere with, the exercise of the combined judgment of the contracting parties as to the necessity and extent of such taking in the absence of strong and conclusive evidence to the effect that the taking was arbitrary and not for legitimate railroad purposes.</p> <p>5. A bill in equity filed by taxpayers and property owners of the City of Philadelphia averred that in pursua