ELLIOTT v. H. B. ALEXANDER & SON, INC. ET AL.

No. 1802 C.D. 1977.

41 Pa.Commw. 184 (1979)

Arthur J. Elliott, Appellant v. H.B. Alexander & Son, Inc., City of Lebanon, Sencit-Lebanon Company, Appellees.

Commonwealth Court of Pennsylvania.

March 9, 1979.


Attorney(s) appearing for the Case

Robert C. Rowe, with him Robert Sullivan, Jr. and Sullivan and Sullivan, for appellant.

Donn L. Snyder, with him Berman, Boswell, Snyder & Tintner, for appellee, H.B. Alexander & Son, Inc.

James T. Reilly, with him Egli, Reilly, Wolfson and Feeman, for appellee, Sencit-Lebanon Company.

Argued December 7, 1978, before Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.


OPINION BY JUDGE MENCER, March 9, 1979:

Arthur J. Elliott has appealed from an order of the Court of Common Pleas of Lebanon County denying his request for an injunction to restrain the City of Lebanon (City), H.B. Alexander & Son, Inc. (Alexander), and the Sencit-Lebanon Company (Sencit-Lebanon) from trespassing on his property.

In 1917, a parcel of land located in what was then the Lebanon Independent Borough was laid out in lots on a plan known as the...

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