28 Pa. Super. 469 | Pa. Super. Ct. | 1905
Opinion by
The printed arguments of counsel have taken a wide range, but in the consideration of this appeál we cannot go outside of the facts which appear from the case stated, and the petition, ordinance and plan, thereto attached. The defendant and a number of' other persons, being “two thirds of the owners of property representing not less than two thirds in number of feet of the properties fronting or abutting on the part of the street proposed to be paved,” presented a petition to the council of the plaintiff borough'praying that Centre street be curbed and paved “ from a point on the south where the same intersects the borough and Cambria Township line to a point on the north where the same intersects Horner street; ” and that the cost and expense incident to the curbing and paving of said street be assessed and paid as follows: “ One third by the property owners abutting on the east side of the said street, one third by the property owners abutting on the west side of the said street and the other one third by the said borough of Ebensburg, the same to be assessed and collected according to law.” The borough authorities, on April 7, 1903, duly passed an ordinance, reciting the petition aforesaid, and ordaining that the part of the street indicated by the petition be curbed and paved and “That the cost thereof shall be assessed upon the abutting property- adjoining or adjacent to that part of said Centre street to be improved as aforesaid, as follows : two thirds thereof from the. owners of the real estate bounding or abutting thereon by an equal assessment on the feet front bounding or abutting on that part of said street, and the remaining one third of the cost shall be paid by the said borough of Ebensburg.” The ordinance further provided that the assessment should be collected in the way and manner provided for under the act of assembly approved April 23, 1889, P. L. 44. The borough proceeded to do the work called for by the ordinance; the curbing was set for the entire length of that part of the street to be improved, provision being made for intersecting streets and alleys, and the cartway was paved from curb to curb. The street, from
The appellant contends that for the purpose of making this assessment the improvement should have been divided into
The defendant having signed the petition which clearly meant that one third of the cost of the improvement should be paid by the borough and the other two thirds by assessments upon abutting property according to frontage upon the improvement, as authorized by the act of April 23, 1889, and said petition having induced the municipal action and the expenditure of the money of the borough, he is estopped to assert either that the act is unconstitutional, or that the mode
The judgment is affirmed.