Nesbit v. Riesenman

Opinion by

Mr. Justice Kephart,

Appellant’s major question is that this court did not possess the power under the Constitution and the law to announce the rule in Ladner v. Siegel, 293 Pa. 306, that the “intended use [of a building as a public garage in a residential district] is a nuisance per se;......, and to permit experiments in separate instances to determine the extent of the harm suffered will lead to endless disputes”; and that the application of the rule violates the 14th Amendment to the federal Constitution in that it deprives defendants of their property without due process of law…