McArthur v. Mt. Lebanon Township

Opinion by

Mr. Justice Cohen,

This is an appeal from an order of the Court of Quarter Sessions of Allegheny County declaring an ordinance null and void.

The Township of Mt. Lebanon, defendant-appellant, enacted an ordinance purporting to condemn a portion of the property belonging to plaintiffs-appellees for a “walkway” which would serve primarily as a passageway for school children.

The appellees filed a complaint with the court below challenging the legality of the ordinance and claiming that a first class township was not empowered to exercise the power of eminent domain for such purposes. The…