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WILLIAM J. MCDONALD v. LAKE HAUTO CLUB ET AL. (04/28/81)

decided: April 28, 1981.

WILLIAM J. MCDONALD, APPELLANT
v.
LAKE HAUTO CLUB ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of the Fifty-Sixth Judicial District, Carbon County, in case of William J. McDonald v. Lake Hauto Club, Board of Directors of Lake Hauto Club, Rosemary Lebo, Eugene Wato, Theresa Dvorsky, Steven Koomar, Rex Martine, Norman Kujawa, George Durilla, Robert Bennett and Ed Wise, No. 8 April Term, 1978, in Equity.

COUNSEL

William E. McDonald, for appellant.

Robert Lazorchick, with him William Z. Scott, Jr., for appellees.

Judges Mencer, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge Mencer. Judge Wilkinson, Jr. did not participate in the decision in this case.

Author: Mencer

[ 59 Pa. Commw. Page 37]

William J. McDonald (appellant) has appealed from a decision of the Carbon County Court of Common Pleas which denied injunctive relief in his action against the Lake Hauto Club and its board of directors. We affirm.

The Lake Hauto Club is a nonprofit corporation which owns and operates Lake Hauto, a private recreational area. In 1975, the Lake Hauto Club adopted the folowing rules concerning the use of boats on its lake:

1. Craft must be registered with the club prior to launching on Lake Hauto annually and must display the Lake Hauto registration emblem. . . .

6. Power boats are restricted to a maximum length of 17 feet with a horsepower not to exceed 85 H.P. Power boats registered and operated on Lake Hauto prior to 1975 are excluded.

The appellant has been a member of the Lake Hauto Club for over 20 years. In 1977, he purchased a "Silverline" watercraft with a length of 16 feet 3 inches and an inboard motor. The appellant registered the boat with the Lake Hauto Club and operated it on the lake for several months. The boat motor was described on the registration application as "Equivalent 85 H.P."

[ 59 Pa. Commw. Page 38]

In August 1977, the Lake Hauto Club revoked the registration of the appellant's boat after an inspection revealed that the manufacturer's rating of the boat motor was 120 horsepower, well in excess of the 85-horsepower maximum established by the club rules. The appellant instituted this action in equity to compel the Lake Hauto Club to permit him to register his boat and to use it on the lake. The court below denied relief and the case was appealed under Section 762(a)(5) of the Judicial Code, 42 Pa. C.S. ยง 762(a)(5).

We agree with Judge Lavelle of the Court of Common Pleas of Carbon County, writing in this case, that the courts should avoid needless interference ...


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