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 was 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.
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.