FAIRVIEW TP. v. SCHAEFER


128 Pa.Commw. 79 (1989)

562 A.2d 989

FAIRVIEW TOWNSHIP v. Dennis L. SCHAEFER and Geraldine T. Whiteman. Appeal of Dennis L. SCHAEFER, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 4, 1989.

Petition for Allowance of Appeal Denied February 28, 1990.


Attorney(s) appearing for the Case

Daniel J. Brabender, Jr., Carney & Good, Erie, for appellant.

Michael S. Jan Janin, with him, Donald C. Buseck, Quinn, Gent, Buseck & Leemhuis, Inc., Erie, for appellee Fairview Township.

Before CRAIG and SMITH, JJ., and NARICK, Senior Judge.


CRAIG, Judge.

Although both parties argue this case as a conflict between the statutory powers of a state agency and a political subdivision, the salient issue is not which of two statutes carries greater weight, but whether a court of equity has the authority to intervene and provide specific relief when a nuisance exists.

Dennis L. Schaefer appeals an order by Judge Joyce of the Court of Common Pleas of Erie County, granting Fairview Township a mandatory...

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