Topley v. Buck Ridge Farm Construction Co.

Opinion by

Judge Rogers,

Robert P. Topley and Barbara A. Topley, his wife, own a dwelling house and lot in a residential development called Gravel Hill Farms in Upper Southampton Township, Bucks County. The eastern boundary of the Topleys’ lot is the middle of a stream called Mill Greek. The southern boundary of their lot is a public road called Rydal Lane. Prior to the events giving rise to this lawsuit, Rydal Lane came to a dead-end at Mill Creek.

Buck Ridge Farm Construction Company is a land developer which owned the land across Mill Creek from the Topleys’ lot. Buck Ridge filed a plan for…