Ambler Borough v. Shepherd

Opinion by

Mr. Justice Pomeroy,

This appeal arises from the dismissal by the court below of a bill in equity brought by the Borough of Ambler (the Borough) against Harry W. Shepherd, Jr., and his wife (the property owners) in which the Borough sought to compel the property owners, by mandatory injunction, to remove from the bed of Tannery Kun Creek those portions of a retaining wall on their property which had fallen into the creek and to repair the retaining wall. The court en banc dismissed the Borough’s exceptions to the chancellor’s decree nisi and adopted it as the court’s final decree;…