Mahan v. Lower Merion Township

Opinion by

Me. Justice O’Brien,

Plaintiffs, property owners, appealed from an order dismissing tlieir complaint in equity for lack of jurisdiction. Appellee, on November 20, 1963, enacted an ordinance condemning premises owned by the plaintiffs for use as an historic public park and recreation area and authorised the proper officers of the township to execute a bond to secure payment of damages to the owners.

The plaintiffs, on December 18, 1963, filed a complaint for injunctive relief to restrain the defendant-township from proceeding with the condemnation of their property. Appellants…