Ben Avon Borough v. Crawford
Superior Court of Pennsylvania
Appeal, No. 141, April T., 1916, by defendants, from order of C. P. Allegheny Co., April T., 1916, No. 910, discharging rule to strike off lien in case of Ben Avon Borough v. Eliza M. Crawford Estate, et al. Rule to strike off municipal lien.
Read the full summary
Appeal, No. 141, April T., 1916, by defendants, from order of C. P. Allegheny Co., April T., 1916, No. 910, discharging rule to strike off lien in case of Ben Avon Borough v. Eliza M. Crawford Estate, et al. Rule to strike off municipal lien. Before Hay-maker, J. The case turned upon the constitutionality of the Act of May 28, 1907, P. L. 287. Error assigned was order discharging rule to strike off lien, and in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant’s land was assessed for its proportionate share of the cost of paving a borough street under the Act of May 28, 1907, P. L. 287. This statute provides that “Whenever any street, alley or highway entirely within the limits of any city, borough or township, shall divide the said city, borough or township from any other municipality or township located in the same county, the property on the side of said street, alley or highway, opposite the present line of said first-named municipality, borough or township shall for a depth of one hundred and fifty feet…
2Cases cited5 opinions
- Seabolt v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1898
- Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
- Stegmaier v. JonesSupreme Court of Pennsylvania · 1902
- Lehigh Valley Coal Co.'s AppealSupreme Court of Pennsylvania · 1894
- Pulaski Township Poor District v. Lawrence CountySupreme Court of Pennsylvania · 1908
3Cited by3 opinions
- King County Water District No. 54 v. King County Boundary Review BoardWashington Supreme Court · 1976
- Borough of Williamsburg v. BottenfieldSuperior Court of Pennsylvania · 1926
- Allshouse Et Ux. v. Pittsb'gh CitySuperior Court of Pennsylvania · 1927