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EDGAR J. CORNELL v. LOUIS F. D'ITALIA AND VIRGINIA D'ITALIA (05/15/81)

filed: May 15, 1981.

EDGAR J. CORNELL, AND FRANCES R. CORNELL, HIS WIFE, APPELLANTS,
v.
LOUIS F. D'ITALIA AND VIRGINIA D'ITALIA, HIS WIFE



No. 1454 October Term, 1979, Appeal from the Order of the Court of Common Pleas, Civil Division, Equity For the County of Montgomery at No. 76-18972.

COUNSEL

Stuart A. Leibowitz, Norristown, for appellants.

Parke H. Ulrich, Norristown, for appellees.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Van Der Voort

[ 287 Pa. Super. Page 234]

This appeal culminates from a neighborhood dispute over the construction and location of a car-port. Appellees, the defendants in the lower court, applied for and received a building permit for the erection of a car-port adjacent to their residence. Said structure was erected in appellees side yard which adjoins appellants' property. The township subsequently, after receiving complaints from appellants, advised appellees that the structure did not conform to the building permit or the zoning ordinance. The township ordered the front elevation of the structure and certain trees be removed to allow for the ingress/egress of an automobile. Appellees made the suggested corrections and the township indicated that it was satisfied with the changes and believed the structure now conformed with the permit and the ordinance.

[ 287 Pa. Super. Page 235]

Appellants filed a complaint in equity claiming the structure was not being used as a car-port and was in violation of the zoning ordinance as it was less than three feet from the side lot line of appellants' premises. The township had previously informed appellants that it would not undertake any further action with respect to the car-port. Appellants claimed damages not shared by their other neighbors. They alleged decreased property value, increased rain runoff and interference with their use of their own house. Appellants requested injunctive relief.

Appellees' preliminary objections were denied. Appellees filed an answer to the complaint insisting the structure was used as a car-port, though admitting it was occasionally used for entertaining. Any encroachment of the three foot setback was claimed to be the result of an innocent mistake. Appellees denied that the structure caused any injuries to the appellants.

After hearing testimony from the parties and reviewing memoranda filed by the parties, the court entered the following order.

Order

AND NOW, this 25 day of June, 1979, after hearing, we find for defendants because the testimony does not confirm any of the allegations of the complaint.

The parties did not request findings of facts and conclusions of law pursuant to Rule 1516, Pennsylvania Rules of Civil Procedure. Nor did the chancellor make an itemized adjudication containing a decree nisi, a summary of the issues, findings of fact, conclusions of law and a discussion thereon as required by Rule 1517. No opportunity was given to the parties to file exceptions, and none were filed. See Rule 1518. Finally there was no court en banc review, nor was ...


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