Fioretti v. Pastore, Inc.

ANTHONY, J.,

Plaintiffs, James and Edna Jeanne Fioretti, are the owners of a tract of land located in Millcreek Township. They have filed this action to recover for an alleged encroachment upon an easement over land adjacent to that of plaintiffs. The Township of Millcreek has been joined as a defendant on the theory that the township’s negligence in approving a subdivision plan for the land adjacent to that of plaintiffs was the cause of the encroachment upon plaintiffs’ easement. The township has filed a motion for judgment on the pleadings, Pa.R.C.P. 1034, on the ground that the complaint…