Trimble v. City of Pittsburgh

Citations

• 248 Pa. 550
• 94 A. 227
• 1915 Pa. LEXIS 609

Syllabus

<p>Municipalities — Counties—Cities—Erection of joint county and city building — Act of April 18,1918, P. L.-96 — Ownership—Plan— Proposed use — Employment of constructing engineer — Equity—Injunction.</p> <p>1. Under the Act of April 18,1913, P. L. 96, which provides that where a county seat is within the limits of any city, the county and city authorities may erect a joint county and municipal building, the county commissioners and city authorities to adopt plans therefor, showing the part selected for county and city purposes, respectively, and father providing that the county and city shall own in severalty the part of the building selected by each, and the land thereunder, the court properly enjoined the erection of a joint building, where the plan showed that certain entire floors of the proposed building were to be used by the city, and certain other entire floors by the county, so that part of the building selected for use by each municipality would not be entirely on the ground owned by it in severalty, but would overlap the ground of the other.</p> <p>2. Where in such case it appeared that each municipality intended to occupy certain whole floors for its permanent use, there is no merit in the contention that the arrangement of floors indicated on the plan could be treated merely as an exchange of space between the city and county, where there was nothing on the record showing any agreement with respect to an exchange of use and occupancy of entire floors. Such an arrangement for exchange of space could only be by lease or contract.</p> <p>3. Under the Act of April 18,1913, P. L. 96, Sec. 3, which further provides that tbe authorities of the city and county intending to erect a joint building “are authorized and empowered to make such other agreements, and to do such other acts as may be necessary to fully exercise the powers herein conferred,” the employment of a competent constructing and supervising engineer to sublet contracts and oversee their executi