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ERIE v. METROPLAN (10/09/70)

decided: October 9, 1970.

ERIE
v.
METROPLAN, INC. ET AL., APPELLANTS



Appeal from decree of Court of Common Pleas of Erie County, Sept. T., 1967, No. 18, in case of City of Erie et al. v. Metroplan, Inc. et al.

COUNSEL

John M. Wolford, with him Dunn, Wolford & Sesler, for appellants.

Angelo P. Arduini, Assistant City Solicitor, with him James G. Hanes, City Solicitor, for City of Erie, plaintiff, appellee.

Joseph F. Agresti, with him Agresti and Agresti, for intervenors, appellees.

David S. Gifford, with him Gifford, Baker and Lay, for intervenor, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Pomeroy, JJ. Opinion by Mr. Justice Cohen. Mr. Justice Roberts took no part in the consideration or decision of this case.

Author: Cohen

[ 440 Pa. Page 529]

This is an appeal from a decree of the Court of Common Pleas of Erie County permanently enjoining Metroplan, Inc., Jerome Heibel (Metroplan's president) and Marjorie Heibel (his wife), appellants, from further construction and utilization of a private driveway on a tract of land appellants own in the City of Erie.

Appellants own two tracts of land. One is located in the City of Erie and is approximately 2 1/2 acres. The southern boundary of that tract is the line which divides the City of Erie from Millcreek Township. Contiguous to and south of this Erie parcel, appellants own a 15 acre tract which is entirely within Millcreek Township. Appellants desire to build a private country club building on the Millcreek parcel and use the Erie land for accessory uses such as a swimming pool, tennis courts, putting green and two holes of a possible nine hole golf course. They have no definite plans as to the use of the remainder of the Millcreek parcel but have thought in terms of luxury homes or apartments or possibly town houses.

The Millcreek land is in an area zoned Agricultural, and the Township on July 26, 1967 granted appellants a building permit for a one-story building to be used for a country club and golf course. Up until August

[ 440 Pa. Page 5301]

, 1968 appellants' Erie parcel was zoned as an A Residence District in which the ...


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