Pulaski Avenue

Citations

• 33 Pa. Super. 108
• 1907 Pa. Super. LEXIS 252

Syllabus

<p>Road law — Vacation of streets — Omission of street from plan — Statute of limitations — Estoppel.</p> <p>Where the proper authorities in a city of the first class adopt and confirm a new plan of streets from which a portion of a previously existing street is omitted, the confirmation of such plan operates as an immediate vacation of the portion of the street omitted, and the statute of limitations begins forthwith to run against landowners injured by the vacation; and it is immaterial that the street was not actually closed to public use for years thereafter, or that a petition presented by'one property owner was quashed on the mistaken theory of the court below that damages did not accrue until the street was physically closed, and also for want of jurisdiction of the court of common pleas.</p> <p>Damage resulting from the vacation of a street is a personal claim to which the owner at the time of the vacation is entitled. Such a claim does not pass by a grant of the land, nor does it run with the land.</p>