Roberts v. Lower Merion Township

Opinion by

Mr. Justice Schaffer,

Plaintiffs brought this proceeding in equity against defendant township, seeking to have an open dump on land belonging to defendant, on which it burned refuse, rubbish and trash, declared a nuisance in fact, and for an injunction restraining the further burning of such materials on the lot, and forbidding the construction on the adjoining lot, also belonging to defendant, of an incinerator plant for the burning of such materials and garbage. After full hearing, the chancellor entered a decree nisi dismissing the bill, which action was affirmed by the court in…