Legal Opinion

Ayars v. Wyoming Valley Homeopathic Hospital

Supreme Court of Pennsylvania

Decided May 8, 1922No. Appeal, No. 389PublishedCited by 8 opinions

Appeal, No. 389, Jan. T., 1922, by plaintiff, from decree of C. P. Luzerne Co., Dec. T., 1921, No. 5, dissolving preliminary injunction, in case of Eugenia G. Ayars v. Wyoming Valley Homeopathic Hospital and John Curtis & Co. Bill in equity for injunction. Motion to dissolve preliminary injunction. The opinion of the Supreme Court states the facts. Preliminary injunction dissolved in opinion by Woodward, J.; Garman, J., dissenting. Plaintiff appealed.

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Appeal, No. 389, Jan. T., 1922, by plaintiff, from decree of C. P. Luzerne Co., Dec. T., 1921, No. 5, dissolving preliminary injunction, in case of Eugenia G. Ayars v. Wyoming Valley Homeopathic Hospital and John Curtis & Co. Bill in equity for injunction. Motion to dissolve preliminary injunction. The opinion of the Supreme Court states the facts. Preliminary injunction dissolved in opinion by Woodward, J.; Garman, J., dissenting. Plaintiff appealed. Error assigned was decree, quoting record.

1Opinion of the Court

Per Curiam,

Plaintiff and defendant hospital own adjoining lots, at Wilkes-Barre; the city passed an ordinance prohibiting the erection of hospitál buildings within thirty feet of a dwelling house; plaintiff, alleging she relied on “the security” of this ordinance, expended considerable money in the improvement of her property; defendant hospital prepared plans and specifications for a building, let the contract, and actually began construction, within about twenty feet of plaintiff’s dwelling house, through John Curtis & Company, contractors; plaintiff filed a bill and *311obtained a preliminary…

2Cited by8 opinions

  1. Hollearn v. SilvermanSupreme Court of Pennsylvania · 1940
  2. Schmidt v. PHILA. ZONING BD. OF ADJUST.Supreme Court of Pennsylvania · 1955
  3. Schmidt v. Philadelphia Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1955
  4. Donahue v. Borough of PunxsutawneySuperior Court of Pennsylvania · 1925
  5. Occhibone Appeal, Pennsylvania Court of Common Pleas, Lawrence County1971

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