HIGHLAND S. & W. AUTH. v. ENGELBACH


208 Pa.Super. 1 (1966)

Highland Sewer and Water Authority, Appellant, v. Engelbach.

Superior Court of Pennsylvania.

June 17, 1966.


Attorney(s) appearing for the Case

Edward J. Harkins, with him Gerald K. Gibson, for appellant.

Gilbert E. Caroff, for appellees.

Before ERVIN, P.J., WRIGHT, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ. (WATKINS, J., absent).


OPINION BY ERVIN, P.J., June 17, 1966:

The only question presented by this appeal is whether a municipal authority may assess the cost of constructing a sanitary sewer according to the foot front rule where the sewer is placed in an unopened street and where the lot is benefited by the sewer. The court below held that it could not, because the street was not a public street and therefore "the assessment is illegal and void." We cannot agree with this conclusion.<...

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