Opening of Taylor Avenue

Citations

• 146 Pa. 638
• 23 A. 392
• 1892 Pa. LEXIS 1272

Syllabus

<p>(a) The record of a proceeding to assess damages and benefits for the opening of a borough street, did not show personal notice to the property owners, of the passage of the ordinance laying out the street, or of the view, or that said ordinance had been published as required by paragraph IV., § 3, act of April 3, 1851, P. L. 323.</p> <p>(5) After having “ allowed ” a motion to set aside the proceeding, on the ground that the report of the viewei's had not been filed at the term of court at which they were directed to report, the court, a month later, received the report and confirmed it nisi. Exceptions were filed to the report, on the ground that it was not made in time:</p> <p>1. Other exceptions questioning the legal existence of the street, and objecting to the proceeding on the ground of lack of personal notice to the excepting owner's, of the enactment of the ordinance and of the holding of the view, the Court of Quarter Sessions then set aside and quashed the report. On appeal therefrom, the order was affirmed.</p>