Fedorko Properties, Inc. v. C.F. Zurn & Associates

OLSZEWSKI, Judge:

Defendant, C.F. Zurn & Associates (“Zurn”) appeals the February 3, 1998 order granting Fedorko Properties, Inc. (“Fedor-ko”) a preliminary injunction for exclusive use of the right of way easement set forth in Erie County Contract Book 0494, pages 1494-1500. We reverse the decision of the lower court and deny Fedorko’s petition for a preliminary injunction enforcing Fedorko’s right to the exclusive use of said easement.

According to the stipulations of the party before Judge George Levin of the Court of Common Pleas, Erie County, both parties to this action own property…