Kembel v. Schlegel

WICKERSHAM, Judge:

Plaintiffs-appellants appeal from the order of the Court of Common Pleas of Dauphin County refusing to enjoin defendants-appellees from operating a transportation business on certain land owned by appellees. Appellants allege that appellees’ business violates restrictions in appellees’ deed, that it constitutes a nuisance, and that appellants have sustained monetary damage as a result of appellees’ business.

The trial court found that in 1950, appellees’ father, Raymond Schlegel, constructed a cement building on Lot 47 of the land in question, which he used as a garage to…