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BOGAR v. SPERRY RAND CORP.

November 21, 1980

Louise BOGAR
v.
SPERRY RAND CORPORATION



The opinion of the court was delivered by: LORD, III

The Findings of Fact which follow are based upon the testimony in court and my own on-site visual inspection of the premises.

I. Findings of Fact

 1. Louise Bogar, an individual and citizen of the Commonwealth of Pennsylvania, resides at 1621 Penllyn/Blue Bell Pike, Blue Bell, Pennsylvania, in Whitpain Township, Montgomery County. N.T. 207 & 242.

 2. Sperry Rand Corporation (Sperry) is organized and exists under the laws of the State of Delaware and has its principal office at 1290 Avenue of the Americas, New York, New York. Petition for Removal, P 1.

 3. Bogar owns a 38.5 acre tract of land located at the intersection of Jolly Road and Township Line Road, Blue Bell, Pennsylvania in Montgomery County, on which she resides with her husband, Edward L. Bogar. N.T. 207.

 4. Sperry owns a tract of land adjoining Bogar's land at Sperry's southeast boundary. The boundary common to the two tracts is approximately 1,900 feet long. Exs. P-1 & P-2.

 5. Beginning in and about 1960 Sperry changed the topography of its land by constructing various buildings, including building 1-A, and parking lots on the land. Ex. P-1.

 6. Before Sperry's land was developed by the construction, it was used as farm land. N.T. 210.

 7. Sperry retained the Ballinger Company (Ballinger) as architects and engineers for the construction on Sperry's land. Ballinger proposed that Sperry construct a swale to capture surface water flowing from Sperry's land towards Bogar's land and to convey the water to Township Line Road. The swale would begin at or near the boundary between Bogar's land and the property to the north, owned by Charles W. Barclay, and would continue from that point on Sperry's land to Township Line Road. N.T. 67, 283-84. Ex. P-1.

 8. A swale is a man-made grass-covered depression designed and used for the conveyance of surface water from a higher point to a lower point. N.T. 59.

 9. The proposed swale would have prevented any increase or concentration of surface water runoff from Sperry's land to Bogar's land. N.T. 281-82.

 10. The proposed swale was never constructed by Sperry. N.T. 67.

 11. Two swales have been constructed by Sperry near the Bogar property line. One is below a twenty-four inch pipe to the south of the parking lot built in 1973 and the other is in the area of the middle of Sperry's building 1-A. Both of these swales are designed to capture and convey surface water from Sperry's land towards Bogar's land. N.T. 27, 111-13. Ex. P-2.

 12. In 1973 Sperry constructed a parking lot on the portion of its land adjacent to the Barclay boundary and out to the Penllyn/Blue Bell Pike and to the Bogar boundary. The parking lot drained to the southeast-towards Bogar's land. N.T. 15-18. Ex. P-2.

 13. In the 1973 construction the only measure Sperry took to control surface water runoff to Bogar's land was to install french drains. N.T. 114 & 115.

 14. The project manager of the parking lot construction, Christopher L. Brooks, advised Sperry before installation that the french ...


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