Hinaman v. Vandergrift

Greevy, J.,

In this action plaintiffs, as abutting property owners, question the legality of an assessment levied by defendants for part of the costs of constructing sidewalks along State Highway Route No. 15 (Legislative Route 20).

The complaint asserts that the ordinance of February 1, 1958, upon which such assessment is based is invalid and illegal. . . .

Discussion

Plaintiffs rely upon three claims of law, to wit:

1. Article IX, sec. 1, of the Constitution of Pennsylvania prohibits the assessment of abutting property owners for a munipieal improvement replacing a simi*269lar improvement previously…