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BURNS v. BAUMGARDNER

303 Pa.Super. 85 (1982)

449 A.2d 590

Robert C. BURNS and Nancy M. Burns, his wife, and John Franklin Destefan and Patricia M. Destefan, his wife v. Richard L. BAUMGARDNER and Marcia H. Baumgardner, his wife, Appellants.

Supreme Court of Pennsylvania.

Filed August 6, 1982.

Attorney(s) appearing for the Case

Harvey Freedenberg, Harrisburg, for appellants.

Thomas M. Painter, Waynesboro, submitted a brief on behalf of appellees.

Before PRICE, WIEAND and LIPEZ, JJ.

WIEAND, Judge:

In this equity action, the chancellor imposed building restrictions by implication and enjoined the construction of townhouses on a development tract in Washington Township, Franklin County. When exceptions were overruled and a final decree entered, this appeal followed.1 We reverse.

In May, 1966, Dwight and Leona Grove and Richard and Marcia Baumgardner acquired...

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