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STEPHEN CLANCY ET AL. v. WILLIAM L. RECKER AND HIGH VIEW MOBILE PARK (02/18/77)

decided: February 18, 1977.

STEPHEN CLANCY ET AL., BY ROBERT BUCKINGHAM AND JOANNE BUCKINGHAM, HIS WIFE, APPELLEES,
v.
WILLIAM L. RECKER AND HIGH VIEW MOBILE PARK, INC., APPELLANTS



Appeal from the Order and Opinion of the Court of Common Pleas, Civil Action - Equity of Washington County, Pennsylvania, at No. 6774 in Equity. No. 737 April Term, 1975.

COUNSEL

Robert Rade Stone, Pittsburgh, for appellant.

Samuel S. Pangburn, Washington, for appellee.

Watkins, President Judge and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., concurs in the result.

Author: Watkins

[ 246 Pa. Super. Page 206]

This is an appeal from the order of the Court of Common Pleas of Washington County sitting in equity by the appellant-defendant, William L. Recker, co-executor, a grantee and son of the common grantor and High View Mobile Park, Inc., dismissing the exceptions filed by the appellees to a decree nisi and from the final decree enjoining the appellees from the use of certain land in violation of certain restrictive covenants.

The case originally began on June 5, 1972, in a complaint in equity. The plaintiff-grantees of certain property attempted to enjoin the defendant based on an implied negative restricted covenant. The Chancellor dismissed the complaint and one of the plaintiffs appealed to the Supreme Court.

The Supreme Court, 455 Pa. 452, 316 A.2d 898, speaking through Mr. Justice Eagen succinctly stated the facts of the case and the issues involved in the appeal as follows:

"On April 4, 1955, William F. Recker and Madeline Recker, his wife became the owners in fee of a 155 acre tract of land in Union Township. Between 1956 and 1962, William F. Recker and Madeline Recker made eleven separate conveyances out of this 155 acre tract. The appellants were the grantees in one such conveyance. Each deed in these conveyances granted

[ 246 Pa. Super. Page 207]

    title to the grantees therein to a lot or lots of land subject to certain 'covenants, conditions and restrictions' which were designated as 'covenants running with the land'. One such covenant provided '[n]ot more than one dwelling house shall be constructed on each lot as shown on the plan.' Another provided that the construction plans for each dwelling house and septic tank installation were subject to the approval of the grantors prior to construction. In addition, each deed included the following restrictions dealing with trailers:

'No trailer, basement, tent, shack, garage, or any outbuilding other than a dwelling house approved as herein provided erected thereon shall ...


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