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· 10/9/1905

Scranton Sewer

Citations

  • 213 Pa. 4
  • 62 A. 173
  • 1905 Pa. LEXIS 363

Syllabus

<p>Appeals — Sewers—Time within which appeal may be taken — Acts of May 16, 1891, P. L. 75, May 19, 1897, P. L. 67, and April 2, 1903, P. L. 124.</p> <p>The permission given by the Act of May 16, 1891, P. L. 75, and repeated in the Act of April 2, 1903, P. L. 124, to take an appeal within thirty days from the confirmation of the report of viewers, does not take away the right given by the Act of May 19,1897, P. L. 67, to appeal within six months.</p> <p>Sewers — Municipalities—Ordinance—Municipal lien — Illegal action of city engineer — Assessments.</p> <p>A municipality can impose a valid municipal lien for street improvements only when the improvements are made in pursuance of law and the mode pointed out by the city ordinance is strictly followed.</p> <p>Where a city enacts an ordinance authorizing the construction of sewers in certain streets, and thereafter the city engineer without any authority blots out from the map showing the location of the sewers, certain portions of streets covered by the ordinance, a property owner along the line of the sewer cannot be compelled to pay an assessment for benefits to his property arising from its construction.</p>

Judges: Brown, Dean, Elkin, Mitchell, Potter

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