BOROUGH OF BROOKHAVEN v. DeFEO


309 Pa.Super. 198 (1982)

455 A.2d 117

BOROUGH OF BROOKHAVEN, Appellant v. Peter A. DeFEO and P.A.D. Corporation.

Superior Court of Pennsylvania.

Filed December 10, 1982.

Reargument Denied February 16, 1983.

Petition for Allowance of Appeal Denied May 12, 1983.


Attorney(s) appearing for the Case

James P. Gannon, Media, for appellant.

Richard C. Slama, Media, for appellees.

Before JOHNSON, MONTEMURO and MONTGOMERY, JJ.


JOHNSON, Judge:

Does the owner of a lot laid out and designated as a street on a plot plan have a private contractual right to maintain said lot for public use as a street, even though the municipality in which the lot is situated has refused to accept dedication of the said street?

The trial court found that an owner has such a right and we affirm.

The instant equity action was commenced by Appellant Borough in 1973 and requested injunctive relief...

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