Chase v. Eldred Borough
Commonwealth Court of Pennsylvania
1Opinion of the Court
OPINION BY
Judge McGINLEY.
The Borough of Eldred (Borough) appeals from the order of the Court of Common Pleas Court of McKean County (chancellor) which enjoined the use of Ron Houben Memorial Park (Houben Park) for baseball games until a fence of “appropriate height” was erected to prevent baseballs from being hit or thrown on to the property owned by Corey and Kristie Chase (the Chases).
On July 8, 2004, the Chases filed a complaint in equity against the Borough to enjoin the use of Houben Park as a baseball field and asserted it was a private nuisance that posed a significant danger to their…
2Cases cited22 opinions
- Roberts v. School Dist. of ScrantonSupreme Court of Pennsylvania · 1975
- Collegeville Borough v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1954
- Boorse v. Springfrield TownshipSupreme Court of Pennsylvania · 1954
- Collins v. Wayne Iron WorksSupreme Court of Pennsylvania · 1910
- Lawrence v. Scranton CitySupreme Court of Pennsylvania · 1925
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3Cited by3 opinions
- Diess v. Pennsylvania Department of TransportationCommonwealth Court of Pennsylvania · 2007
- Bretz v. Central Bucks School DistrictCommonwealth Court of Pennsylvania · 2014
- Noto, M. v. Millett, D.Superior Court of Pennsylvania · 2016