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WOODS AT WAYNE HOMEOWNERS ASS'N v. GAMBONE BROTHERS CONSTRUCTION CO., INC.

893 A.2d 196 (2006)

THE WOODS AT WAYNE HOMEOWNERS ASSOCIATION v. GAMBONE BROTHERS CONSTRUCTION COMPANY, INC., Gambone Brothers Development Company and Township of Upper Merion Appeal of: Gambone Brothers Construction Company, Inc. and Gambone Brothers Development Company.

Commonwealth Court of Pennsylvania.

Decided February 24, 2006.

Attorney(s) appearing for the Case

Arthur L. Jenkins, Jr., Norristown, for appellants.

James J. Greenfield, Radnor, for appellee, the Woods at Wayne Homeowners Association.

Alan E. Boroff, Blue Bell, for appellee, Township of Upper Merion.

Before PELLEGRINI, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEAVITT.

Gambone Brothers Construction Company, Inc. and Gambone Brothers Development Company (collectively Gambone) appeal a preliminary injunction issued by the Court of Common Pleas of Montgomery County (trial court) upon request of the Township of Upper Merion. The mandatory preliminary injunction directs Gambone to stabilize retaining walls that it constructed at a townhouse development known as The Woods at Wayne. The trial court found that...

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