Philadelphia v. Townsend

Citations

• 231 Pa. 191
• 80 A. 69
• 1911 Pa. LEXIS 814

Syllabus

<p>Road law — Streets—Paving—Charges for paving — Discretion of councils — City of Philadelphia — Act of March SO, 1866, P. L. 364-</p> <p>1. The Act of March 30, 1866, P. L. 354, which provides that the charges made by the city of Philadelphia for paving “shall be fixed, from time to time, by ordinances of councils,” commits to the discretion of councils the fixing of the cost charge of paving, and unless such a charge is fixed at an obviously unreasonable figure in a proceeding against a property owner to recover the cost of paving, the courts will not interfere, or even receive evidence upon the point.</p> <p>2. The courts will not review the discretion of councils in fixing the cost charge of paving at the rate of $2.60 per square yard although the actual contract price of the work is only $2.16 per square yard.</p>