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VAHIK BABAIAN AND EVA BABAIAN v. TANGLWOOD LAKES (10/15/87)

decided: October 15, 1987.

VAHIK BABAIAN AND EVA BABAIAN, APPELLANTS,
v.
TANGLWOOD LAKES, INC., APPELLEES



Appeal No. 35 E.D. Appeal Docket 1986 from the Judgment of Sentence of the Superior Court, 344 Pa. Superior Ct. 617, 495 A.2d 608 (1985) Entered on March 15, 1985, at No. 3268 Philadelphia, 1983, Affirming the Order of the Court of Common Pleas of Pike County, Civil Action -- Equity -- Entered November 3, 1983, at No. 20-1983.

COUNSEL

Chester T. Harhut, Michael J. Donohue, Scranton, for appellant.

William C. Gumble, Steven R. Guccini, Paupack, for Tanglwood Lakes, Inc.

Randolph T. Borden, Hawley, Anthony Magnotta, Scranton, for Tanglwood Lakes Community Ass'n.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Larsen, J., files a dissenting opinion.

Author: Per Curiam

[ 516 Pa. Page 47]

ORDER OF COURT

The Order of Superior Court is affirmed. See, Petry v. Tanglwood, Lakes, Inc., 514 Pa. 51, 522 A.2d 1053 (1987).

LARSEN, Justice, dissenting.

I dissent. The factual background of this case is similar to that of Petry v. Tanglwood Lakes, Inc., 514 Pa. 51, 522

[ 516 Pa. Page 48]

A.2d 1053 (1987). The appellants, Vahik Babaian and Eva Babaian, filed suit in equity seeking an order requiring appellee, Tanglwood Lakes, Inc. to specifically perform a key provision of the original agreement between the parties, namely, construction of a lake known as Briarwood Lake on the Tanglwood Lakes development site. The appellants also sought an order enjoining appellees Tanglwood Lakes, Inc. and Tanglwood Lakes Community Association from performing the terms of an agreement reached by them ostensibly relieving Tanglwood Lakes, Inc. of its contractual obligation to build Briarwood Lake.

I disagree with the lower court in its characterizing the real question in this case as a dispute regarding the diminution in the value of appellants' property due to the failure of appellee, Tanglwood Lakes, Inc. to construct Briarwood Lake. Because of that faulty premise, the lower court erred in concluding that the appellants had an adequate remedy at law. Further, it was error for the lower court, on appellees' preliminary objections, to dismiss ...


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