Bern Township Authority v. Hartman

OpiNioN by

Judge Craig,

This case has been reargued before the court en banc because it poses these two important questions:

*4221. When a municipality authority proceeds to recover the cost of a project by a combination of front-foot assessments and benefit assessments, is a total recovery in excess of the project’s assessable construction costs permitted under the law?

2. If the authority’s total recovery cannot exceed the assessable construction costs, may property owners challenge the benefits award of a board of viewers, on that substantive ground, by affidavit of defense to a scire facias sur…