Breiner v. C. & P. Home Builders, Inc.

BACKENSTOE, J.,

We have before us for disposition preliminary objections filed by the Borough of Alburtis and A. L. Wiesenberger Associates. These defendants contend, by way of a demurrer, that under the facts alleged in the complaint they owe no duty to plaintiffs and, therefore, could not breach any duty and, consequently, the complaint against them should be dismissed.

Plaintiffs, in their complaint in trespass, allege they were damaged as a result of flooding caused by an increased flow of surface water coming from adjacent land which had been developed by C & P Home Builders, Inc., and the…