Legal Opinion
Gerner v. Borough of Bruin
Commonwealth Court of Pennsylvania
Decided August 18, 1978No. Appeal, No. 1586 C.D. 1977PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Judge Blatt,
E. A. Gerner and Margaret Gerner (appellants) have asked us to review the decision of the Court of Common Pleas of Butler County which sustained the preliminary objections of the Borough of Bruin (Borough) to their complaint in equity.
The appellants are owners of a property to which access is provided by an alley maintained by the Borough. They have alleged that, as a result of the Borough’s grading and paving of this alley, surface water is now being deposited on their property, causing damage to pine trees being grown there. In May, 1973, the appellants petitioned the…
2Cases cited3 opinions
- Valley Forge Golf Club v. Upper Merion TownshipSupreme Court of Pennsylvania · 1966
- Lerro v. CommonwealthCommonwealth Court of Pennsylvania · 1977
- Clearview Land Development Co. v. KassabCommonwealth Court of Pennsylvania · 1976
3Cited by4 opinions
- Cooper v. Stewartstown Borough, Pennsylvania Court of Common Pleas, York County1989
- M.A. Kriner and A.J. Kriner v. PennDOTCommonwealth Court of Pennsylvania · 2016
- Sholder v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1981
- Wilt v. Borough of Salisbury, Pennsylvania Court of Common Pleas, Somerset County1982