City of Meadville v. Dickson

Citations

• 129 Pa. 1
• 18 A. 513
• 1889 Pa. LEXIS 924

Syllabus

<p>1. Section 57, act of May 23, 1874, P. L. 269, providing that any city of the third class may become subject to the provisions of said act, and that the mayor and councils of such city may effect the same by an ordinance thereof duly enacted, is valid and constitutional, and not obnoxious to the charge of being special or local legislation: Reading City v. Savage, 124 Pa. 328.</p> <p>2. But the act of April 11, 1876, P. L. 20, amending the act of May 23, 1874, dividing cities into three classes, etc.; and the act of May 24, 1887, P. L. 204, dividing cities into seven classes; and as well the act of May 17, 1887, P. L. 117, authorizing cities of the third, fourth and fifth e’asses to levy and collect taxes, etc., are all so much interwoven' with unnecessary and excessive classification, that no part of either can be sustained as constitutional: Ayars’s App., 122 Pa. 266.</p> <p>3. Wherefore, a municipal claim for lien filed by the city of Meadville against an adjoining property owner to recover the cost of constructing' a sewer, under §§ 47,48, 49, act of May 23,1874, P. L. 259, which were adopted hv said city by ordinance enacted in pursuance of § 16, act of April 11, 1876, P. L. 25, is invalid and void, will be stricken from the record, and a scire facias issued thereon will be quashed: Greensburg Bor. v. Young, 53 Pa. 280, distinguished.</p>