GRASSO v. THIMONS


384 Pa.Super. 593 (1989)

559 A.2d 925

James V. GRASSO and Judith A. Grasso, Husband and Wife; George P. Hammer and Linda A. Hammer, Husband and Wife; Lawrence G. Hofmann, Jr. and Rolanda A. Hofmann, Husband and Wife; and Gordon C. Newell and Marion Jo Newell, Husband and Wife v. Theodore W. THIMONS, Jr. and Eileen R. Thimons, Husband and Wife, Appellants, v. Raymond H. SMITH, Jr. and Mary Jo Smith, Husband and Wife.

Supreme Court of Pennsylvania.

Filed April 17, 1989.

Reargument Denied June 26, 1989.


Attorney(s) appearing for the Case

Howard M. Louik, Pittsburgh, for appellants.

James R. Kyper and Daniel S. Cohen, Pittsburgh, for Grasso, appellees.

Before OLSZEWSKI, DEL SOLE and KELLY, JJ.


OLSZEWSKI, Judge:

This is an appeal from an order granting appellees' motion for summary judgment and denying appellants' cross-motion for summary judgment. Appellants raise the following issues for our review: (1) whether the trial court erred in finding that the restrictive covenant prohibits appellants from using their property as both a residence and professional office; (2) whether the trial court was required to consider extrinsic evidence of the declarant's...

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