BRADY v. YODANZA


269 Pa.Super. 31 (1979)

409 A.2d 48

Robert H. BRADY, Jr., and Barbara B. Brady, his wife, Appellants at No. 929, James A. Spark, Appellant at No. 930 v. John YODANZA and Rose M. Yodanza, his wife, Kenneth R. Kruchensky and Dianne K. Kruchensky, his wife, Dennis D. Lawrenzi, and Carol L. Lawrenzi, his wife, Ronald Calvin Bramhall and Darryl L. Bramhall, his wife, Robert F. McCorkle and Cecelia R. McCorkle, his wife, Joyce E. Hall, a/k/a Joyce Hall and Rose Marie Adamcik.

Superior Court of Pennsylvania.

Filed August 22, 1979.

Petition for Allowance of Appeal Granted October 29, 1979.


Attorney(s) appearing for the Case

John N. Scales, Greensburg, for appellants.

Roland T. Keddie, Greensburg, for appellees.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


PRICE, Judge:

This case presents the sole question of whether appellees have the use of a thirty-foot easement over separate pieces of land owned by appellants. The Westmoreland County Court of Common Pleas concluded that such a right existed, and consequently denied appellants' prayer for injunctive relief. We disagree and reverse that order.

The salient facts of the case are not in dispute. It is, rather, their interpretation vis-a-vis the intent...

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