McAndrew v. Dunmore Borough
Supreme Court of Pennsylvania
Appeal, No. 390, Jan. T., 1913, by defendants from decree of C. P. Lackawanna Co., Oct. T., 1912, No. 11, in Equity, awarding an injunction in case of P. A. McAndrew v. Borough of Dunmore, John J. Gilligan, P. W. Manley, R. C. Ruthven, P. C. Langan, John E. Milner, John MacMillan, P. C. Hennigan and Michael McGuire. Bill in equity to enjoin a borough from improving certain streets under an ordinance alleged to be void.
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Appeal, No. 390, Jan. T., 1913, by defendants from decree of C. P. Lackawanna Co., Oct. T., 1912, No. 11, in Equity, awarding an injunction in case of P. A. McAndrew v. Borough of Dunmore, John J. Gilligan, P. W. Manley, R. C. Ruthven, P. C. Langan, John E. Milner, John MacMillan, P. C. Hennigan and Michael McGuire. Bill in equity to enjoin a borough from improving certain streets under an ordinance alleged to be void. Before Newcomb, J. The facts appear in the opinion of the Supreme Court. The court on final hearing awarded the relief prayed for. Defendants appealed. Errors assigned were in…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We agree with the learned court below that the ordinance in question authorizing the improvement of certain streets in the defendant borough is void, and that a taxpayer against whom an assessment was made for the improvement can attack its validity in a court of equity. The validity of the ordinance depends upon the authority conferred by the Acts of May 12, 1911, P. L. 288, and June 15,1911, P. L. 971. The later act authorizes the council by ordinance to provide for the payment of the expenses and costs of a municipal improvement by assessments on the…
2Cited by5 opinions
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