BEACH STREET CORP. v. A.P. CONST. CO., INC.


441 Pa.Super. 639 (1995)

658 A.2d 379

BEACH STREET CORP. (Formerly Longmead Homes, Inc.), Appellant, v. A.P. CONSTRUCTION CO., INC., Gerald P. Masgai & Son, Inc., Jeffrey M. Brown Associates, Inc., Port Richmond Village Associates, Inc. and City of Philadelphia.

Superior Court of Pennsylvania.

Filed May 2, 1995.


Attorney(s) appearing for the Case

Joseph R. Glancey, Philadelphia, for appellant.

Joseph A. Breymeier, Philadelphia, for appellees.

Before OLSZEWSKI, POPOVICH and BROSKY, JJ.


OLSZEWSKI, Judge:

In late 1984, the City of Philadelphia hired appellee, A.P. Construction, to build a storm sewer through the Old Cramps Shipyard, near the Delaware River. A.P. worked on the project from 1985 until February of 1988. In building the storm sewer, A.P. Construction dumped debris (called "soil and spoil" below) onto the Beach Street property owned by John Connelly and the Estate of Louis Silverstein.

In November of 1989, Connelly and Silverstein...

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