Highland Sewer & Water Authority v. Engelbach

Opinion by

Ervin, P. J.,

The only question presented by this appeal is whether a municipal authority may assess the cost of constructing a sanitary sewer according to the foot front rule where the sewer is placed in an unopened street and where the lot is benefited by the sewer. The court below held that it could not, because the street was not a public street and therefore “the assessment is illegal and void.” We cannot agree with this conclusion.

On March 30, 1963, appellant filed a municipal lien against the property of appellees situate in Geistown Borough, Cambria County. That property…