Legal Opinion

Burton v. Borough of Dormont

Commonwealth Court of Pennsylvania

Decided December 2, 1981No. Appeal, No. 1681 C.D. 1980Published

1Opinion of the Court

Opinion by

Judge Palladino,

Appellant-homeowner appeals an order of the Court of Common Pleas of Allegheny County which sustained preliminary objections in the nature of a demurrer filed by Appellee-Borough of Dormont. We affirm the decision of the court of common pleas.

Appellant owns a garage with an ingress/egress on a twenty-foot wide street. Because the parking of motor vehicles is permitted all along the street, Appellant asserts that access to his garage is impeded and that the obstructive parking constitutes a nuisance.1

In legal phraseology, the term ‘nuisance’ is applied to that class…

2Cases cited18 opinions

  1. Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
  2. Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
  3. Phillips v. DonaldsonSupreme Court of Pennsylvania · 1920
  4. Kramer v. Pittsburgh Coal Co.Supreme Court of Pennsylvania · 1941
  5. Groff v. Borough of SellersvilleCommonwealth Court of Pennsylvania · 1974

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