Legal Opinion

Menichiello v. Borough of Clarks Summit

Pennsylvania Court of Common Pleas, Lackawanna County

Decided September 7, 2010No. 09 CV 5251Published

1Opinion of the Court

MINORA, J,

The issues before the court are defendant’s preliminary objections to the plaintiffs’ complaint in the nature of demurrer.

FACTUAL AND PROCEDURAL HISTORY

This case was commenced by plaintiffs, Joseph and Susan Menichiello, filing a complaint in estoppel and negligence. The plaintiffs are seeking damages in the amount of $113,550.

Plaintiffs own two lots on Claybome Avenue in Clarks Summit, Pennsylvania. In January of 2009, plaintiffs allege that they submitted a building application to the Clarks Summit Code Enforcement office, consisting of a proposal to build a single-family dwelling…

2Cases cited13 opinions

  1. Crouse v. Cyclops IndustriesSupreme Court of Pennsylvania · 2000
  2. Cardenas v. SchoberSuperior Court of Pennsylvania · 2001
  3. Paul v. Lankenau HospitalSuperior Court of Pennsylvania · 1988
  4. Kane v. State Farm Fire & Casualty Co.Superior Court of Pennsylvania · 2003
  5. Mistick, Inc. v. Northwestern National Casualty Co.Superior Court of Pennsylvania · 2002

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