Punxsutawney Borough v. Nordstrom

Citations

• 61 Pa. Super. 253
• 1915 Pa. Super. LEXIS 310

Syllabus

<p>Road law — Lien for paving — Filing of lien — Time—State highway department — Evidence—Acts of April 27, 1909, P. L. 194, and May 31, 19 1, P. L. 468.</p> <p>The right of a borough to impose an assessment upon abutting property in order to reimburse it for the amount which it has paid as its share of the cost of paving a street by the State highway department under the provisions of the Act of May 31, 1911, P. L. 468, is doubtful, but even if the assessment were legal it cannot be enforced if the claim for it is filed'more than six months after the completion of the improvement.</p> <p>In such a case the lien is not saved by evidence of a ledger entry made in the State highway department purporting to show that the improvement was completed within six months prior to the filing of the lien. Such ledger entry is not the equivalent of the certificate of a municipal officer as provided by the Act of April 27, 1909, P. L. 194, and will not prevent the abutting owner from showing in the absence of such certificate, that the lien was filed more than six months after the completion of the improvement.</p>