Legal Opinion

Dawson v. Holiday Pocono Civic Ass'n

Pennsylvania Court of Common Pleas, Carbon County

Decided January 21, 2014No. 12-1809Published

1Opinion of the Court

NANOVIC, P.J.,

— Whether property owners in a private residential community hold the basic right to lease their property or whether this right is subject to regulation under the restrictive covenants applicable to the community — to the point of prohibiting any lease for a term of less than one year — is the primary issue at stake in these proceedings. In resolving this issue, the meaning, significance, and enforceability of various deed covenants, bylaws, and rules and regulations in effect for the community, as well as their relationship to the governing municipality’s zoning ordinance and…

2Cases cited31 opinions

  1. Nanty-Glo Boro. v. American Surety Co.Supreme Court of Pennsylvania · 1932
  2. Gibbs v. ErnstSupreme Court of Pennsylvania · 1994
  3. Murphy v. Duquesne University of Holy GhostSupreme Court of Pennsylvania · 2001
  4. Blumenstock v. GibsonSuperior Court of Pennsylvania · 2002
  5. Young v. Commonwealth Department of TransportationSupreme Court of Pennsylvania · 2000

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