BIG BASS LAKE COMMUNITY ASS'N v. WARREN

No. 1914 C.D. 2009

23 A.3d 619 (2011)

BIG BASS LAKE COMMUNITY ASSOCIATION v. Mark WARREN and Michael Dennehy, Appellants.

Commonwealth Court of Pennsylvania.

Decided June 22, 2011.


Attorney(s) appearing for the Case

Lisa A. Welkey , Pittston, for appellants.

Gregory D. Malaska , Stroudsburg, for appellee.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and BUTLER, Judge.


OPINION BY Judge LEAVITT.

Mark D. Warren and Michael F. Dennehy (collectively, Lot Owners) appeal a mandatory injunction issued by the Court of Common Pleas of Wayne County (trial court), on remand from this Court, directing Lot Owners to remove a landscaping wall from their property. The trial court did so because the wall was found to interfere significantly with the use of a road located in Big Bass Lake Community (Big...

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