In re Borough of Clarion

Citations

• 77 Pa. Super. 429
• 1921 Pa. Super. LEXIS 286

Syllabus

<p>Boroughs — Streets—Township boundary — Improvements — Powers of borough — Assessments—Act of May 14, 1915, P. L. 812 (Borough Code).</p> <p>Where a street, which is the boundary line between a borough and a township, is located wholly within the limits of the borough, it is not necessary that a contract be entered into with the township, or that a petition be signed by a majority of the property owners in interest and number abutting the line of the proposed improvement within the borough limits, in order to institute street improvements under the provisions of the Borough Code.</p> <p>A part of the cost of improving such a highway in a borough may be assessed on abutting property specially benefited thereby, even though such abutting benefited property may itself be located in an adjoining township. It receives special advantage of the improvement and may be required, if the legislature sees fit to order it, to contribute its fair proportion of the cost.</p> <p>The Borough Code of 1915 is not for the most part new legisla- , tion. It is largely a compilation of existing laws, rearranged as to form, but preserving, in substance, the rights and powers granted to boroughs by previous legislation. As the different sections have different origins, they apply to different situations, and are not dependent on each other and the provisions of one are not necessarily to be read as requirements into the others.</p> <p>Board <of viewers — Assessments of damages or benefits — Exceptions to report — Dismissal of exceptions — Decree of court.</p> <p>In dismissing exceptions to a report of a board of viewers, appointed for the assessment of damages or benefits for municipal paving, it is error to enter judgment against the exceptants, personally.</p>