Lowry v. Forest City Borough
Superior Court of Pennsylvania
Lowry v. Forest City Borough, 39 Pa. Super. 276 (1909)
1909 Pa. Super. LEXIS 476
Head, Henderson, Morrison, Orlady, Porter, Rice
Lowry v. Forest City Borough
Opinion of the Court
This is an appeal'by the plaintiff from an interlocutory decree dissolving a preliminary injunction. In view of the facts set forth in the findings and opinion of the learned judge below, and particularly the fact that after the injunction was granted an ordinance in due form was regularly passed whereby the prior action of council was ratified, we are not convinced that the court erred.
The decree is affirmed at the cost of the appellant.
Reference
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- 3 cases
- Status
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- Syllabus
- Boroughs — Resolution—Expenditure of money — Ordinance—Borough building — Injunction—Preliminary injunction — Dissolution of injunction —Equity. A preliminary injunction restraining the expenditure of public money in making certain alterations upon a municipal building of a borough, will be dissolved, where it appears that although the alterations were authorized in the first place by a mere resolution of the council, yet, after the injunction was granted an ordinance in due form was passed ratifying the previous resolution, and it also appears that the alterations were proper, and that the expenditure of money would materially increase the rentals from the portion of the building not used for municipal purposes.