York City v. Stauffer

Citations

• 53 Pa. Super. 581
• 1913 Pa. Super. LEXIS 222

Syllabus

<p>Municipal lien — Paving—Petition of property owners — Partial paving of street — Act of May 16,1889, P. L. 828.</p> <p>1. Where a property owner signs a petition for the paving of a square in a city street on which his property is situated, the cost thereof to be assessed on abutting property “according to the foot front rule,” and the city upon ascertaining that certain of the property owners who had not signed the petition had signified their intention to refuse to pay any part of the cost on the ground that it was a repaving, and the city thereupon paves only in front of the properties owned by the persons signing the petition, thus paving the street only in spots, the owner who signed the petition cannot be assessed any part for the improvement.</p> <p>2. When a property owner in a city of the third class petitions for the paving of a street, the cost to be assessed “by an equal assessment on the said property in proportion to the number of feet the same fronts on the street,” under the provisions of the Act of May 16, 1889, P. L. 228, he does not undertake merely to pay the exact cost of the paving in front of his own particular property; his agreement is to pay his proportionate share of the cost of the whole improvement.</p>