Lapaglia Contractors, Inc. v. Borough of Baldwin

Montgomery, J.,

This matter came before the court for hearing on plaintiff’s motion for a preliminary injunction to enjoin the Borough of Baldwin and certain of its officers from arresting plaintiff’s agents and employes while excavating for surface coal on its leasehold in said borough. Defendants opposed the allowance of the injunction on the grounds that the arrests were justified since the operations were in violation of certain ordinances of the said borough which forbade mining operations.

The injunction was refused after preliminary hearing. An appeal having been taken by plaintiff from…