In re Atherton Street

Fleming, P. J.,

This matter is before us upon a petition to quash the ordinance passed by the borough council of State College Borough on March 21, 1932, providing for the grading, curbing, guttering and paving with concrete that portion of Atherton Street in said borough Which lies between College Avenue on the north and Prospect Avenue on the south. This ordinance was vetoed by the burgess, but passed over such veto, in the manner prescribed by law.

When this matter was previously before us, we expressed certain jurisdictional doubts in a preliminary opinion filed and directed that further…