PALM BEACH SHORES, INC., v. MILLESCAMPS ET AL.


75 Pa. D. & C. 522 (1951)

Palm Beach Shores, Inc., v. Millescamps et al.

Common Pleas Court of Montgomery County, Pennsylvania.

January 9, 1951.


Attorney(s) appearing for the Case

H. Lester Haws, for plaintiff.

Smillie, Bean & Scirica and Harry Norman Ball, for defendant.


DANNEHOWER, J., January 9, 1951.

In this petition for a declaratory judgment by a property owner to declare a deed restriction null and void, defendants raised certain preliminary questions of law as to the sufficiency of the petition, which have been argued before the court. It is alleged that the petition does not aver that petitioner is a party to an actual controversy, nor that there are present antagonistic claims, wherein petitioner has an interest, which presage...

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