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IN RE CITY OF ALTOONA

479 Pa. 252 (1978)

388 A.2d 313

In re Appeal from Passage of Ordinance 4354 of the CITY OF ALTOONA, Pennsylvania, Appellant. In re David L. BAIRD and Linda Z. Baird, his wife, and Martin Goodman, and William T. Howe, Betty L. Howe, Janet Martin Schreiber, Thomas O. Martin and Dorothy V. Martin.

Supreme Court of Pennsylvania.

Decided June 5, 1978.

Reargument Denied July 21, 1978.

Attorney(s) appearing for the Case

John M. Elliott, Constance B. Foster, John F. Stoviak, Dilworth, Paxson, Kalish & Levy, Philadelphia, N. John Casanave, Altoona, for appellant.

Beth B. Croyle, Goodman, Notopoulos & Silverman, Altoona, for Baird and Goodman.

Paul S. Foreman, Altoona, James S. Routch, Patterson, Evey, Routch, Black & Behrens, Hollidaysburg, for William T. Howe, Betty L. Howe, Janet Martin Schreiber, Thomas O. Martin and Dorothy V. Martin.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and PACKEL, JJ.

OPINION OF THE COURT

POMEROY, Justice.

We are called upon to decide whether or not a municipality which has acquired a street by dedication may, when later it vacates the street, reserve to itself an easement for utility lines within the boundaries of the vacated street. We agree with the Commonwealth Court1 that on the facts of this case, the question must be answered in the negative.

The record discloses that in 1951...

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