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PARKER v. HOUGH (01/04/66)

decided: January 4, 1966.

PARKER
v.
HOUGH, APPELLANT



Appeal from decree of Court of Common Pleas of Lancaster County, Equity Docket No. 13, page 48, in case of A. Ray Parker, John O. Cochran, Jay Freeland Chryst et al. v. William E. Hough, Jr. and Hilda R. Hough, his wife.

COUNSEL

Harold E. Martin, for appellants.

Charles B. Grove, Jr., with him May, Grove & Stork, for appellees.

Robert M. Booth, Jr., with him Booth & Lovett, for amicus curiae.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Jones concurs in the result.

Author: Bell

[ 420 Pa. Page 8]

Defendants appeal from the Final Decree of the Court below which granted plaintiffs the injunctive relief they sought. Appellants were defendants in an equity action brought by plaintiffs-appellees to restrain appellants from an alleged violation of building restrictions

[ 420 Pa. Page 9]

    to which the property of appellants and of the Chrysts were subject.

The American Radio Relay League, Inc., intervened in the proceedings before us, and filed a brief in support of the position of the defendants-appellants.

Parker and Cochran are the owners and developers of a residential area in Lancaster County known as "Golden Acres". They sold to the Chrysts who are coplaintiffs, and to the Houghs who are the defendants two adjacent, but not adjoining, lots in Golden Acres. The Chrysts' lots and the Houghs' lots and all lots in that development were sold subject, inter alia, to the following building restrictions:

"1. Single Family Unit Dwelling : No structure other than a single family unit dwelling shall be erected on any building lot; provided, however, that a one, two, or three car attached or detached garage may be erected on any lot on which a dwelling has been or is being erected. Also a small tool house, play house, outdoor fireplace, or paved outdoor living area with adjacent fences, arbors, etc., provided such enumerated structures do not exceed twelve (12) feet in height, may, subject to approval, be erected."

"10. Signs : There shall be no billboards or any other objectionable*fn* structures erected or ...


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