Cunningham v. Perloff

LUDWIG, J.,

The issues in this equity action concern whether or not a restriction that was required by a municipality to be noted on a subdivision plan constitutes a restrictive covenant running with the land, enforceable regardless of the subsequent decision of this court approving an alternate subdivision plan.

Upon hearing, we found the facts to be as follows:

1. Plaintiffs are John and Carol Cunningham, husband and wife, and defendants are Howard P. and Susan P. Perloff, husband and wife. The parties reside on Carversville Road, Buckingham Township, Bucks County.

2. Plaintiffs’ residence is…