Sharett's Road
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Adams county. May 15. It appeared from the record brought up in this case, that an alley was laid out and opened for public use, in the borough of Gettysburg, by the street commissioners of said borough, under a special act of Assembly, of the 30th of March, 1846; and that this act did not provide any mode of compensating the owners of the lands through which the said alloy passed, for the property thus appropriated for public use.
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Certiorari to the Quarter Sessions of Adams county. May 15. It appeared from the record brought up in this case, that an alley was laid out and opened for public use, in the borough of Gettysburg, by the street commissioners of said borough, under a special act of Assembly, of the 30th of March, 1846; and that this act did not provide any mode of compensating the owners of the lands through which the said alloy passed, for the property thus appropriated for public use. A petition was thereupon presented to the Court of Quarter Sessions of Adams county, for Sharett, one of the land-owners in…
1Opinion of the CourtBell, J.
The alley in question was laid out and opened by virtue of a special act of Assembly, approved the 30th of March, 1846, authorizing and requiring the street and road commissioners of the borough of Gettysburg to lay out and open a public alley in the said borough, between certain points particularly designated. As this act provides no mode for compensating the owners of the lands appropriated under it to public use, the question is presented whether a remedy is furnished by any of our statutes regulating roads and highways. If not, the act itself is in contravention of the constitutional…
2Cases cited1 opinion
- Case of the Road in the Borough of EastonSupreme Court of Pennsylvania · 1831
3Cited by8 opinions
- Creasy v. StevensDistrict Court, W.D. Pennsylvania · 1958
- State Highway Route No. 72Superior Court of Pennsylvania · 1919
- City of Mobile v. HarkerSupreme Court of Alabama · 1920
- Appeal of HogsettSuperior Court of Pennsylvania · 1896
- West Liberty & Knoxville RoadsSuperior Court of Pennsylvania · 1902
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