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LEES v. SAMPSON LAND COMPANY (12/06/52)

December 6, 1952

LEES, APPELLANT,
v.
SAMPSON LAND COMPANY



Appeal, No. 217, March T., 1952, from decree of Court of Common Pleas of Allegheny County, April T., 1952, No. 969, in case of Francis R. Lees et al. v. Sampson Land Company et al. Decree affirmed.

COUNSEL

Milton W. Lamproplos, with him Smith, Buchanan, Ingersoll, Rodewald & Eckert, for plaintiffs, appellants.

Mahlon E. Lewis, with him Loyal H. Gregg, for defendants, appellees.

Clem M. Strobel, Solicitor, for Penn Township, appellee.

Before Drew, C.j., Stern, Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

Author: Musmanno

[ 372 Pa. Page 127]

OPINION BY MR. JUSTICE MUSMANNO

The plaintiffs in this case, 24 in number, are homeowners in Penn Township, Allegheny County, with properties adjoining or close to a 150-acre tract owned by the defendants Sampson Land Company, Sampson Development Company and Sampson Bros, Inc., engaged in constructing thereon 309 single family dwellings.

On August 27, 1951, the defendants offered (to the commissioners of Penn Township) to build a sewage treatment and disposal plant on their property at their own expense and, upon completion, turn it over to the township free of charge. The township authorities accepted the offer and agreed, after construction of the plant, to operate and maintain it as part of the public sewer system of Penn Township.

On January 28, 1952, the plaintiffs filed a bill in equity praying that the defendants be enjoined from erecting the contemplated plant, averring it to be a nuisance per se and that in addition it would violate an ordinance of Penn Township prohibiting such an operation within the area zoned Residential R-1, which included the tract of land in question.

On answer and replication filed, the Court proceeded to a hearing and in due time entered a decree nisi, dismissing the bill. Exceptions were filed by the plaintiffs, the matter came on for argument before a court en banc, and upon the entering of a final decree dismissing the exceptions, an appeal was taken to this Court.

After conference with counsel for all parties, the Chancellor in the court below brought on the record as an added defendant the Township of Penn ...


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