ROSS TOWNSHIP v. HANLON


80 Pa. D. & C. 581 (1952)

Ross Township v. Hanlon

Common Pleas Court of Allegheny County, Pennsylvania.

January 29, 1952.


Attorney(s) appearing for the Case

Brandt, Riester & Brandt, for plaintiff.

William H. Markus and Robert C. Riethmuller, for defendant.


NIXON, J., January 29, 1952.

The Pennsylvania Constitution, art. XVI, sec. 8, does not provide the right to appeal from an assessment of benefits where there has been no taking of or damage to the property affected. A sewer assessment is not an act of eminent domain, but is a special tax imposed upon the properties benefited by the improvement. The right of appeal from such assessments is purely statutory, and in these cases this right is granted by section 1945 of...

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