Bennett v. Lane Homes, Inc.

Opinion by

Mr. Justice Musmanno,

The defendant in this case, Lane Homes, Inc., owns a plot of ground on which it proposes to build a three story 34-unit apartment house, whose overall dimensions would be 151 feet by 160 feet. The land upon which the apartment house would be built is part of a tract of land located in Philadelphia and originally owned by one Frank Mauran who in 1924 divided it into building lots each with a street frontage of 24 feet, imposing upon the tract the restriction that "not more than 1 house, same to be detached or semi-detached and private garage to be used in…