ALTMAN v. PHILADELPHIA, 393 Pa. 246 (1958)

141 A.2d 592

Altman, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.April 28, 1958.
May 26, 1958.

Municipalities — Philadelphia — Ordinances — Validity — Ordinance repealing paving assessment — Stenton Avenue.

In this action in equity in which it appeared that the City of Philadelphia adopted an ordinance of July 14, 1954 which provided that certain paving should be paid for by assessments, that subsequently a contractor paved a portion of Stenton Avenue under an agreement that he would be paid by assessment bills, and thereafter an ordinance of December 30, 1955 was adopted which revoked the paving assessments, it wa Held that (1) the evidence was insufficient to overcome the councilmanic finding in the 1955 ordinance that the paving benefited the public generally and not the abutting owners and (2) the court below properly dismissed the complaint.

Argued April 28, 1958. Before JONES, C. J., MUSMANNO, ARNOLD, JONES and COHEN, JJ.

Appeal, No. 164, Jan. T., 1958, from decree of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1955, No. 3384, in case of Rose L. Altman v. City of Philadelphia et al. Decree affirmed.

Same case in court below: 12 Pa. D. C.2d 621.

Page 247

Taxpayer’s suit in equity to enjoin payment by City of Philadelphia pursuant to ordinance of December 30, 1955. Before FLOOD, J.

Adjudication entered dismissing complaint; additional testimony taken after exceptions and supplemental adjudication filed; exceptions dismissed and final decree entered. Plaintiff appealed.

Paul A. Wolkin, with him Wolkin, Sarner Cooper, for appellant.

James L. Stern, Deputy City Solicitor, with him Frank O’Brien, Assistant City Solicitor, and David Berger, City Solicitor, for appellees.

Robert B. Einhorn, with him G. Levering Arnhold, Edward N. Gottlieb, Edward Unterberger, and Einhorn Schachtel, for intervening defendants, appellees.

OPINION PER CURIAM, May 26, 1958:

The decree in the Court below is affirmed on the Supplemental Adjudication of Judge FLOOD of Court of Common Pleas No. 6 of Philadelphia County.

Costs on the appellant.