Mahon v. Luzerne County
Supreme Court of Pennsylvania
Appeal, No. 120, Jan. T., 1900, by defendant, from decree of C. P. Luzerne Co., June T., 1899, No.' 4, on bill in equity in case of J. H. Mahon et al. v. County of Luzerne. Bill in equity for an injunction. From the record it appeared that in 1898 two successive grand juries reported in favor of building a new courthouse on the public square in Wilkes-Barre. Their report was approved by the court. The county commissioners then proceeded to procure plans.
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Appeal, No. 120, Jan. T., 1900, by defendant, from decree of C. P. Luzerne Co., June T., 1899, No.' 4, on bill in equity in case of J. H. Mahon et al. v. County of Luzerne. Bill in equity for an injunction. From the record it appeared that in 1898 two successive grand juries reported in favor of building a new courthouse on the public square in Wilkes-Barre. Their report was approved by the court. The county commissioners then proceeded to procure plans. These plans were submitted to the judges of the court of common pleas as required by the act of April 18, 1895. Objections were filed to the…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The very interesting question suggested by the opinion of the learned judge below, whether even the legislature can divert public property dedicated to a specific public use to another and wholly different use, though also public, is not necessarily presented in this case. The title to spaces left open by the original plans of towns or by subsequent general dedication for similar purposes is in the commonwealth for the benefit of the *17whole public, and the uniform course of decision has been that central squares in the laying out of towns were meant as much,…
2Cases cited5 opinions
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
- Commonwealth ex rel. Attorney General v. Beaver BoroughSupreme Court of Pennsylvania · 1895
- Appeal of the CommissionersSupreme Court of Pennsylvania · 1868
- Mahon v. NortonSupreme Court of Pennsylvania · 1896
- Commonwealth v. Bowman & DuncanSupreme Court of Pennsylvania · 1846
3Cited by12 opinions
- Payne v. KassabCommonwealth Court of Pennsylvania · 1973
- HOFFMAN v. PITTSBURGHSupreme Court of Pennsylvania · 1950
- Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Commonwealth v. Connellsville BoroughSupreme Court of Pennsylvania · 1902
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