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TOPLEY ET UX. v. BUCK RIDGE FARM CON. CO.

No. 19 T.D. 1976.

30 Pa.Commw. 360 (1977)

Robert P. Topley and Barbara A. Topley, his wife Appellants v. Buck Ridge Farm Construction Company, et al., Appellees.

Commonwealth Court of Pennsylvania.

May 31, 1977.

Attorney(s) appearing for the Case

I. Leonard Hoffman, with him, of counsel, Ettinger, Poserina, Silverman, Dubin & Anapol, for appellants.

William B. Koch and Theodore K. Warner, Jr., with them, Koch, Phelps & Salus; John J. Kerrigan, Jr.; Stuckert, Yates & Krewson; Edwin L. Scherlis; Frank & Margolis, for appellees.

Argued April 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, May 31, 1977:

Robert P. Topley and Barbara A. Topley, his wife, own a dwelling house and lot in a residential development called Gravel Hill Farms in Upper Southampton Township, Bucks County. The eastern boundary of the Topleys' lot is the middle of a stream called Mill Creek. The southern boundary of their lot is a public road called Rydal Lane. Prior to the events giving rise to this lawsuit, Rydal Lane came to a dead-end at Mill Creek....

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