Borough of Rockwood v. Hemminger

Opinion by

Cunningham, J.,

The important question arising under this appeal is primarily one of law and involves the legality of a municipal assessment for street improvements, which the plaintiff borough is endeavoring to enforce against the defendant property owner. No facts are in dispute and the appeal comes before us in the form of a statement of the case’ filed under our Buie 56. .

In 1923, the requisite number of owners of properties abutting upon that portion of Market Street in the Borough of Rockwood, Somerset County, which extends north from Coxe’s Creek for a distance of…