BEAN v. EPHRATA BOROUGH


395 Pa. 348 (1959)

Beam, Appellant, v. Ephrata Borough.

Supreme Court of Pennsylvania.

March 24, 1959.


Attorney(s) appearing for the Case

B.M. Zimmerman, with him Brown & Zimmerman, for appellants.

George F. Baer Appel, with him F. Lyman Windolph and Townsend, Elliott & Munson, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE COHEN, March 24, 1959:

This taxpayers' suit was brought to restrain the Borough of Ephrata and the individual members of the borough council from issuing $350,000 of non-debt revenue bonds, complaining if the bonds were issued a debt would be created in violation of the debt limitation provision of the Pennsylvania Constitution.1 The lower court sustained preliminary objections...

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