118 Pa. 458 | Pa. | 1888
Opinion,
This is an injunction bill, filed by owners of land fronting on Forbes street, in the city of Pittsburgh. The plaintiffs seek to restrain the collection of a municipal lien filed against them for grading, paving and curbing said street, and to secure a decree canceling the lien.
The work was done by the city under an ordinance providing for the improvement of Forbes street, which was passed in consequence of, and in conformity with, the act of April 2, 1870. This act provided for the improvement of Penn avenue and several other avenues and streets in the city of Pittsburgh, including Forbes street. The ‘ground of relief set up in the bill is, that when the ordinance was passed, and the work done for which the lien was filed, the lands of the plaintiffs fronting on Forbes street were rural in their character; and that for this reason the act of 1870, so far as it authorized the collection of the cost of the improvement by the foot-front rule, was unconstitutional under the rule laid down in Seely v. Pittsburgh, 82 Pa. 360. The master found the fact to be, that the lands were rural when the improvements were made, and he held the rule of law contended for by the plaintiff to be applicable, that the foot-front assessment of the cost of the im
If the proceeding had been upon the lien we can understand how the rule in Seely v. The City of Pittsburgh, supra, could have been properly invoked, and that it would have been an answer to the city which it might not have been able to overcome. The plaintiffs, however, are not defending against an attempt to enforce the lien in a court of law, but they have come into a court of equity asking relief upon equitable principles ; and it becomes important to see in what position they stand, and what there is in the case to move the conscience of a chancellor. An examination of the bill and answer, and the testimony taken before the master, show that the work charged for in the statement on which the lien was entered was actually done by the city in front of the plaintiffs’ property, and was part of an extensive improvement on Forbes street. It also shows that the property of the plaintiffs has been greatly increased in value in consequence of the work so done. Another fact is equally evident, viz.: that the plaintiffs have strenuously resisted all efforts to collect the cost of this improvement or any part of it, and have neither contributed nor offered to contribute their equitable proportion towards it. They have waited until their lands have become practically urban, and are in demand for building purposes in consequence of the work done by the city, and now they come into a court of equity, and ask the court to enjoin the city against making any further effort to enforce its lien for the work which has brought their lands into market at greatly increased prices, and that the lien be canceled so that they may make a title to purchasers free from all future liability therefor. It is incumbent on one who seeks equity to do equity. The plaintiffs have derived great benefit from the expenditures of the city on Forbes street, for which they have paid nothing. If they have made any effort to do equity, to settle upon any fair and conscionable basis with the city, the evidence fails to disclose it. They stand, so far as the bill or the report of the master informs us, upon their strict legal rights.
The decree of the court below is now reversed and set aside, and it is ordered that the bill be dismissed at the costs of the appellees.