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BOROUGH BROOKHAVEN v. PETER A. DEFEO AND P.A.D. CORPORATION (12/10/82)

filed: December 10, 1982.

BOROUGH OF BROOKHAVEN, APPELLANT
v.
PETER A. DEFEO AND P.A.D. CORPORATION



No. 1511 Philadelphia, 1981, Appeal from the Order dated May 29, 1981, Court of Common Pleas, Delaware County, Civil Division, Equity, No. 73-10883.

COUNSEL

James P. Gannon, Media, for appellant.

Richard C. Slama, Media, for appellees.

Johnson, Montemuro and Montgomery, JJ.

Author: Johnson

[ 309 Pa. Super. Page 199]

Does the owner of a lot laid out and designated as a street on a plot plan have a private contractual right to maintain said lot for public use as a street, even though the municipality in which the lot is situated has refused to accept dedication of the said street?

The trial court found that an owner has such a right and we affirm.

The instant equity action was commenced by Appellant Borough in 1973 and requested injunctive relief. Appellant Borough sought to enjoin Appellees Peter A. DeFeo (DeFeo) and P.A.D. Corporation (P.A.D.) from violating certain Borough ordinances requiring permits for the grading and laying of pipeline.

The property in question was purchased by DeFeo in 1965. It is located at the boundary between the Boroughs of Brookhaven and Parkside, in the Borough of Brookhaven. The property was laid out and designated as a street, known as Gibson Boulevard, south of Meadowbrook Lane, in a subdivision listed as Brookhaven Park.

Appellant Borough had passed an ordinance in 1964 vacating Gibson Boulevard, south of Meadowbrook Lane, and

[ 309 Pa. Super. Page 200]

    striking it from the Borough plan as a street. It was stipulated by the parties that DeFeo purchased the property in Brookhaven to serve as an alternate means of ingress and egress between Brookhaven Park and the property owned by P.A.D. in the adjacent Borough.*fn1

Appellant Borough was granted injunctive relief and DeFeo subsequently obtained the proper permits. However, in 1979, DeFeo filed a counterclaim to the original complaint, requesting injunctive relief to restrain Appellant Borough from maintaining a fence which the said Borough had erected across Gibson Boulevard on the southern border of Meadowbrook Lane. The counterclaim alleged unlawful interference with DeFeo's private ...


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