Pace Motels, Inc. v. Township of Loyalsock

Opinion by

Judge Mencer,

Pace Motels, Inc., and Faxon Construction Co. (petitioners) appeal an order of the Court of Common Pleas of Lycoming County, granting a judgment n.o.v. *562in favor of the Township of Loyalsock (Loyalsock). We reverse.

Petitioners appealed assessments levied by Loyal-sock for the cost of a sidewalk constructed on petitioners’ property. The assessments were levied pursuant to Section 1402(b) of The Second Class Township Code (Code), Act of May 1, 1933, P.L. 103, as amended, 53 P.S. §66402 (b), which provides, in pertinent part:

Whenever any sidewalks or curbs are constructed…