Legal Opinion

McKeown's Petition

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 28PublishedCited by 2 opinions

Appeal, No. 28, March T., 1912, by P. W. McKeown, from order of Q. S. Luzerne Co., Nov. Sessions, 1911, No. 300, directing county commissioners to enter into a road contract. Petition to compel township commissioners to enter into a road contract. On February 24, 1911, the commissioners of Luzerne county proclaimed Hanover township a township of the first class.

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Appeal, No. 28, March T., 1912, by P. W. McKeown, from order of Q. S. Luzerne Co., Nov. Sessions, 1911, No. 300, directing county commissioners to enter into a road contract. Petition to compel township commissioners to enter into a road contract. On February 24, 1911, the commissioners of Luzerne county proclaimed Hanover township a township of the first class. At the municipal election in November thereafter the qualified electors of Hanover township elected six township commissioners, known as the board of commissioners of Hanover township. Shortly thereafter notice was served by said P.…

1Opinion of the Court

Opinion by

Henderson, J.,

Under the act of June 12, 1893, any one or more of the taxpayers of any township or road district could acquire the right to make at his or their own expense the roads of the township or district with the approval of the court of quarter sessions and in accordance with the procedure in the act prescribed. The validity of this statute is not attacked and since the decision in Lehigh Valley Coal Co.’s Appeal, 164 Pa. 44, its constitutionality cannot be considered doubtful. At the time this act was passed the townships of the state had not been classified and the act…

2Cases cited7 opinions

  1. Provident Life & Trust Co. v. HammondSupreme Court of Pennsylvania · 1911
  2. In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
  3. State Line & Juniata Railroad Company's AppealSupreme Court of Pennsylvania · 1875
  4. James Smith Woolen Machinery Co. v. BrowneSupreme Court of Pennsylvania · 1903
  5. Cornman v. HagginbothamSupreme Court of Pennsylvania · 1910

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3Cited by2 opinions

  1. Kuss's CaseSuperior Court of Pennsylvania · 1915
  2. Lighton v. Abington TownshipSupreme Court of Pennsylvania · 1939

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