Appeal from the Order of the Court of Common Pleas of Lancaster County in case of Esther E. Wiker v. Henry J. Roux, Gerald T. Horn, Jere W. Schuler, David M. Huber and Township of West Lampeter, Equity Docket No. 18, Page 206.
Carl A. Wiker, of Zimmerman, Going & Wiker, for appellant.
George D. Alspach, of Alspach and Ryder, for appellees.
Judges Rogers, Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers. President Judge Bowman did not participate in the decision in this case.
[ 49 Pa. Commw. Page 514]
The appellant, Esther E. Wiker, sued the Township of West Lampeter and its supervisors in equity seeking an injunction which would restrain the defendants from collecting from her a street light assessment and judgment for assessments paid by her in years past. The defendants filed a counterclaim for $93.00 for two years' light assessment due from the plaintiff and unpaid. The parties filed cross motions for judgment on the pleadings. The court below denied the plaintiff's motion, granted the defendants' motion and entered judgment against the appellant in the amount of $93.00.
Mrs. Wiker owns a house and lot in the village of Willow Street. In 1935, a group of property owners,
[ 49 Pa. Commw. Page 515]
among whom was the then owner of Mrs. Wiker's lot, filed a petition with the township supervisors requesting them to provide street lights in the village of Willow Street as shown on a plan provided with the petition. The petition was filed pursuant to Section 702 of The Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, 53 P.S. § 65702, which now provides pertinently as follows:
[Township supervisors] shall have power --
To light and illuminate the highways, roads, and other public places of the township with electric light, gas, or other illuminating medium, and to provide for defraying the cost, charges and expenses thereof; and, for such purposes, to enter into contracts or agreements with any person, copartnership, association, or corporation, for a period not exceeding ten years, for the purpose of securing and maintaining a supply of light.
On the petition of the owners of a majority of the lineal feet frontage along any road, highway, or portion thereof within the township, to enter into contract with electric, gas, or other lighting companies to light and illuminate said roads and highways and other public places with electric light, gas light, or other illuminant.
The township supervisors shall annually assess or cause to be assessed the cost and expense of the maintenance of said lights by an equal assessment on all property within two hundred and fifty (250) feet of such lighting in proportion to the number of feet the same fronts on the street or highway or portion thereof to be lighted. The supervisors may ...