City of Erie v. Carey

Citations

• 12 Pa. Super. 584
• 1900 Pa. Super. LEXIS 279

Syllabus

<p>Municipal law~Ordinances in pari materia — Rules of construction— Abatement of taxes — Street pavement.</p> <p>Where an ordinance to pave a certain street in the city of Erie at the expense of the property owners and an ordinance providing that “from áncl after the first Monday in January, 1896, no abatement of city taxes shall be allowed on any lot or lots by reason of the fact that said lot or lots front on any street which has been or may hereafter be paved at the expense of the owners of property abutting thereon,” were approved on the same day (September 16,1895), held, that a property owner-is not entitled to a rebate of taxes for the year 1897, under an “ abatement” ordinance of April 1, 1880, for cost of paving done in 1896, under the paving ordinance of September 16, 1895. The two ordinances of September 16, 1895, are not repugnant, but harmonious, and must be construed together to mean that the intent of councils was that the ordinance of 1880 should not apply to, or be an implied part of,* the paving ordinance of 1895, and in so ordaining no vested right of the property owner was impaired.</p> <p>The case at bar is not ruled by Erie v. Griswold, 5 Pa. Superior Ct. 132 ; 184 Pa. 435, where the conditions were essentially different.</p>