Legal Opinion

Petition of Borough of Westmont

Commonwealth Court of Pennsylvania

Decided March 1, 1990PublishedCited by 6 opinions

1Opinion of the Court

CRAIG, Judge.

James and Jean O’Malley appeal a decision of the Court of Common Pleas of Cambria County that removed a municipal purpose restriction imposed on two adjacent lots, upon which the Borough of Westmont’s former municipal building is situated, and placed a permanent restriction on the lots that limited the use of the lots to single-family dwellings.

In 1915 and 1924, Cambria Iron Company, now known as Bethlehem Steel Company, conveyed the two lots to the borough by a deed that contained a restriction which required the lots to be used only for municipal purposes. The borough’s former…

2Cases cited5 opinions

  1. In MATTER OF CONVEYANCE OF LAND BELONGING TO CITY OF DuBOISSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. Tick, Inc.Supreme Court of Pennsylvania · 1967
  3. Jervis WillSupreme Court of Pennsylvania · 1971
  4. Dexter v. BebenekSupreme Court of Pennsylvania · 1974
  5. Bethel Park School District v. Bethel Park Federation of Teachers, Local 1607Commonwealth Court of Pennsylvania · 1980

3Cited by6 opinions

  1. In Re Erie Golf CourseSupreme Court of Pennsylvania · 2010
  2. White v. Township of Upper St. ClairCommonwealth Court of Pennsylvania · 2002
  3. In Re Estate of RyerssCommonwealth Court of Pennsylvania · 2009
  4. In Re Erie Golf CourseCommonwealth Court of Pennsylvania · 2009
  5. In Re Erie Golf CourseCommonwealth Court of Pennsylvania · 2009

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