Washington Street, Butler Borough
Washington Street, Butler Borough
Opinion of the Court
Opinion by
The borough undertook to pave a street pursuant to, the Act of May 7,1907, P. L. 168, which authorized any borough m the Commonwealth without a petition of property holders to grade, pave, curb, macadamize, or otherwise improve public streets or parts thereof where said streets or parts thereof do not exceed 1,000 feet in length and connect two streets or parts of a street theretofore paved and improved. The work was done on Washington street between Wayne and Mill streets. It was developed in the proceeding to charge abutting property owners with the cost of the improvement that the work was not done on a street connecting two streets theretofore paved and improved and the report of viewers assessing the costs, benefits and damages was set aside: Washington Street, Butler Borough, 51 Pa. Superior Ct. 46. After the passage of the .Act of May 14, 1913, P. L. 200, validating municipal liens of the class therein described the appellant filed'a new petition on which viewers were appointed. To the report filed by them exceptions were taken by certain of the abutting property owners which exceptions were sustained by the court; hence, this appeal. The principal objection to the proceeding is that the Act. of May 14,1913,'does not apply to the state of facts presented by the record. That act was only made to cover cases where “owing to some defect in the petition or notice, or other proceedings necessary under existing laws and ordinances to give jurisdiction to such council, or owing to some defect in the ordinance, or for any other reason the cost of such improvement, or portion thereof cannot be legally assessed upon the property bounding and abutting upon the street or part thereof improved, as was contemplated by the act or acts of general assembly, under which the improvement was attempted to be made.” By the very terms of the statute the work to which the curative act applies was such as was contemplated by the act or acts under which it was done. But the complaint of the ap
The order is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.