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BEDMINSTER TWP. v. VARGO DRAGWAY, INC.

434 Pa. 100 (1969)

Bedminster Township v. Vargo Dragway, Inc. et al., Appellants.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

Claire G. Biehn, with him Biehn and Thatcher, for appellants.

Donald W. VanArtsdalen, with him VanArtsdalen, Pratt & Garthright, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE JONES, April 23, 1969:

This appeal lies from a decree of the Court of Common Pleas of Bucks County permanently enjoining the operation of a drag strip racing track on the ground that the operation of the track constituted a nuisance in fact.

In March, 1958, Jacob Vargo and Mary Vargo, his wife (Vargos), owned a twenty-seven acre tract of land located in Bedminster Township, Bucks County. At that time the Vargos leased the premises to...

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