Frye Construction, Inc. v. City of Monongahela

Opinion by

Senior Judge Kalish,

Appellant, Frye Construction Co., Inc. (Frye), appeals an order of the Common Pleas Court of Washington County which sustained a demurrer to a claim for equitable and mandamus relief. We affirm.

The city engineer of the City of Monongahela approved an application for a building permit filed by John and Carole Zentek to erect a “lawn-building storage accessory use to a residence” in their rear yard. The Zenteks instead constructed a carrier pigeon loft, housing numerous carrier pigeons, and added additional buildings to the carrier pigeon loft. Frye is the owner of…