In Re Appeal From Passage of Ordinance 4354 of Altoona

OPINION OF THE COURT

POMEROY, Justice.

We are called upon to decide whether or not a municipality which has acquired a street by dedication may, when later it vacates the street, reserve to itself an easement for utility lines within the boundaries of the vacated street. We agree with the Commonwealth Court1 that on the facts of this case, the question must be answered in the negative.

The record discloses that in 1951 Martin Goodman purchased a tract of land located in the City of Altoona and some six years later submitted to the City Planning Commission a proposed subdivision of the property.…