Borough of Punxsutawney v. Donahue

Opinion by

Trexler, J.,

The Borough of Punxsutawney passed an ordinance, approved August 14, 1923, entitled “An Ordinance for the Extension of Water Street.” There was some litigation in regard to the ordinance and this court in 86 Pa. Superior Ct., 337, affirming the lower court, decided that the ordinance was valid. Following this there was a petition for the appointment of viewers. On January 25, 1926, the report of viewers was confirmed nisi.

On January 15, 1926, Donahue presented a petition to the court, asking for a stay of proceedings, alleging that part of the street about to be opened…