Thomas v. Borough of Hellertown

Citations

• 78 Pa. Super. 525
• 1922 Pa. Super. LEXIS 154

Syllabus

<p>Boroughs — Streets—Opening—Borough Act of May U¡., 1915— Procedure to test validity — Equitable principles.</p> <p>The Borough Act of May 14, 1915, P. L. 312, establishes the procedure for opening streets in boroughs, and for testing the validity of such action. The commands of a statute cannot be waived or dispensed with by a court.</p> <p>Where, in proceedings to assess damages and benefits upon the opening of a borough street, every statutory requirement was properly fulfilled, and property holders appeared before the viewers, were heard, and had their day in court, without taking any step to challenge the action until nineteen days after final confirmation, it was error for the court to set aside the confirmation and to direct, on “equitable principles,” that the viewers should view the premises and make a further report. The statute governs, not “equitable principles,” and the court had no authority to reopen the proceedings.</p>