Reighard v. Flinn

Citations

• 189 Pa. 355
• 42 A. 23
• 1899 Pa. LEXIS 650

Syllabus

<p>Municipalities—Public landing—Leaser—Acts of March 81, 1836, and April 6, 1867—Equity.</p> <p>Under the Act, of March 31, 1836, P.L. 318, which provides that the space graded and lying between Duquesne Way in the city of Pittsburg “ and low water-mark of the Allegheny river shall forever thereafter be occupied, used and employed as a public landing, and the said councils shall have full power to make such rules, regulations and by-laws regulating the use of such public landing as they may think proper,” and under the Act of April 6, 1867, P. L. 846, which forbids the city of Pittsburg from leasing, or in any manner alienating “ public squares, common grounds or river shore landings,” the city of Pittsburg has no right to lease to a private individual any part of the public landing between Duquesne Way and the Alleglmey river; and citizens and taxpayers who own property abutting upon Duquesne Way have a standing in equity to prevent the execution of such lease.</p>