Township of Scott v. Davis

Citations

• 77 Pa. Super. 352
• 1921 Pa. Super. LEXIS 270

Syllabus

<p>Municipalities — Townships—Streets—Grading, curbing and paving — Recovery of cost — Assumpsit — Municipal claims — Acts of July 8, 1919, P. L. 786; June 20, 1911, P. L. 1076; May 1, 1907, P. L. ISO, and June k, 1901, P. L. S6U.</p> <p>Municipalities not only cannot recover assessments for benefits resulting from local improvements without legislative authority, but they can only recover by proceedings in the manner by statute provided.^</p> <p>The Act of June 4, 1901, P. L. 364, as amended by the Act of May 1, 1907, P. L. 130, and the Act of June 20, 1911, P. L. 1076, shows a fixed legislative purpose to require municipal claims for street improvements to be collected by lien and scire facias.</p> <p>A charge for street improvements is a tax and, against the owner, ‘is a proceeding in invitum.</p> <p>The Act of July 8, 1919, P. L. 786, relates to the “collection of municipal claims” existing under authority of other statutes, it does not repeal the Act of June 4, 1901, P. L. 364, and its supple-. ments, which require the filing of municipal liens for the recovery of municipal claims for street improvements.</p> <p>An action in assumpsit cannot be maintained by a township to recover the cost of grading, curbing and paving a street, where no lien was filed in the office of the prothonotary of the court of common pleas.</p>