Lindsay v. Cohen

Smith, J.,

This comes before us on preliminary objections in the nature of a demurrer to a bill in equity filed by numerous residents and property owners of the City of Harrisburg to enjoin the proposed operation of a certain business which plaintiffs in their bill characterize as a taproom.

The question, under the facts alleged in the bill, is whether a taproom located in a predominantly residential district will constitute a nuisance as a matter of law, regardless of the manner of operation, where the proposed use does not violate building restrictions or zoning laws.

The Bill

The bill avers…