34 Pa. Commw. 157 | Pa. Commw. Ct. | 1978
Opinion by
This is an appeal from an order of the Court of Common Pleas of Allegheny County which dismissed objections to a Board of View report concerning as
The Borough activities which created the assessments in question were the accepting of several private roads in unrecorded subdivisions as public streets. This was done pursuant to an ordinance adopted in 1969, which provided that the Borough would open specified private roads as public streets if the following conditions precedent were satisfied: (1) a majority of the abutting property owners petitioned the Borough to open the street, (2) each abutting property owner executed a deed of dedication granting to the Borough an easement through or over his property for construction of the street, (3) each property owner signed a release and waiver, of damages caused to this property by the construction of the street. The ordinance also provided that the abutting property owners would be assessed, as benefits to their property, two-thirds the cost of improving the streets. Subsequent to the acceptance and improvement of four roads, the Borough petitioned the lower court to appoint a Board of View to assess benefits as provided in Section 1525 of the Borough Code,
Pa. R.A.P. 311(a) provides that an appeal may be taken as of right from an interlocutory order only in the circumstances provided by statute or by general rule. In the absence of any authority stating that the order of the lower court before us is final and therefore appealable, we believe that any review on our part must await an appeal of the court’s final order which will be made at the conclusion of the trial de novo as to the amount of the assessments of the individual property owners.
The appeal is quashed.
Order
And Now, this 8th day of March, 1978, this appeal is hereby quashed as interlocutory.
Act of February 1, 1966, P.L. 1656 (1965), as amended, 53 P.S. §45101 et seq.
Act of June 22, 1964, Special Sess., PX. 84, as amended, 26 P.S. §1-101 et seq.
Act óf July 31, 1970, P.L. 673, as amended, 17 P.S. §211.101 et seq.