Old Tacony Road

Citations

• 32 Pa. Super. 444
• 1907 Pa. Super. LEXIS 31

Syllabus

<p>Road law — Vacation of road — Revision of city plan — Confirmation of revised plan.</p> <p>Where a portion of a street of the city of Philadelphia appearing on the confirmed plan is omitted from a revised plan, and the revised plan is duly authorized by ordinance and subsequently confirmed, such confirmation works a legal vacation of the part of the street thus omitted. The right of a property owner to damages for such vacation accrues from the date of the confirmation of the revised plan.</p> <p>Road law — Vacation of street — Jury of view — Setting aside report of jury of view — Laches—Mandamus—■Damages.</p> <p>Where the report of a jury of view assessing damages and benefits arising from the vacation of a street is set aside by the court, and shortly thereafter the court makes an order refusing to reopen the decree and refer the report back to the viewers, and property owners take no further steps for seven years, when they petitioned the court to amend its decree setting aside the report of the viewers, so as to direct the report to be referred back to the jury of view, so that the jury might determine whether damages should not be assessed against the city, the previous damages having been assessed against a railroad company, the court will refuse the petition because of the laches and delay of the petitioners, and because of their neglect to pursue their remedy by appeal.</p> <p>Where a report of a jury of view assessing damages arising by reason of the vacation of a street, has been set aside by the court, a property owner in whose favor damages have been assessed has no standing to petition for mandamus execution against the city for the payment of the damages.</p> <p>The report of a road jury awarding damages is not a final adjudication in favor of those to whom damages are so awarded, nor does it become a debt of record due by the municipality until it is approved by the court.</p>