YOCUM ZONING CASE


393 Pa. 148 (1958)

Yocum Zoning Case.

Supreme Court of Pennsylvania.

May 26, 1958.


Attorney(s) appearing for the Case

William J. Fahey, Solicitor, for Kingston Borough, appellants.

John H. Hibbard, for appellees.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, May 26, 1958:

On September 15, 1925 Albert O. Yocum and wife, appellees, purchased a vacant lot — thirty-five feet in width and one hundred twenty-seven feet in depth — on West Walnut Street, Kingston Borough, Luzerne County. Their deed — similar to deeds of other property owners in the neighborhood — contained a restrictive covenant that "no building shall be erected . . . which shall approach...

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