City of Erie v. Griswold

Citations

• 5 Pa. Super. 132
• 1897 Pa. Super. LEXIS 202

Syllabus

<p>Ordinances in pari materia — Rule of construction.</p> <p>Where a later ordinance creates a condition to which an earlier general ordinance becomes applicable the two are in pari materia, and are to be construed together.</p> <p>Where a city passes an ordinance to pave a street, the existing ordinances applicable to all such cases must be read into this special provision for a particular case.</p> <p>Municipal law — Constitution of Penna. — Abatement of taxes to meet city's share of street pavement.</p> <p>The local Act of May 9, 1871, P. L. 630, gives to the city of Erie the right to pave its streets at the expense of the city or of the abutting property owners or partly at the expense of the city and partly at the expense of the abutters, and it may by ordinance allow the latter an abatement of their general city taxes on the same property equivalent to a portion of the assessment for the improvements without violating sections 1 and 2 of article IX. of the constitution. Such ordinance offends neitheragainst uniformity, northe prohibition exemption from taxation.</p> <p>Ordinances creating contracts — Repeal of as affecting vested interests.</p> <p>The authorized body of a municipal corporation, acting within the scope of its powers, may bind it by an ordinance which, in favor of private persons, interested therein, may if so intended, operate as a contract. A repeal of a valid ordinance of this nature, and thus intended to operate as a contract, cannot operate retrospectively to impair private rights vested under it.</p>