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BRIAR CREEK BORO. v. BERLIN ET UX.

No. 1520 C.D. 1980.

62 Pa.Commw. 197 (1981)

Briar Creek Borough, Appellant v. Fred V. Berlin and Anna Berlin, his wife, Appellees.

Commonwealth Court of Pennsylvania.

October 13, 1981.

Attorney(s) appearing for the Case

John A. Mihalik, Hummel, James and Mihalik, for appellant.

John M. Kuchka, for appellees.

Argued June 4, 1981, before Judges MENCER, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, October 13, 1981:

The Borough of Briar Creek (Borough) has appealed from an order of the Court of Common Pleas of Columbia County dismissing the Borough's exceptions to a decree nisi entered on February 4, 1980. The decree nisi denied the Borough's request for a permanent injunction to restrain Fred V. Berlin and Anna Berlin (appellees) from displacing soil on their property. We affirm the order of the lower court.

Appellees own property...

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