Henn v. Universal Atlas Cement Co.

*441OPINION

By McBRIDE, J.:

Two motions for temporary restraining orders requiring the defend-' H ant, Universal Atlas Cement Company, to cease quarrying in Wayne Township were submitted to the court on the evidence, arguments and lengthy briefs.

These cases are based upon two separate causes of action: first, by way of a request for a declaratory judgment the plaintiffs ask the question as to whether the defendant may proceed with quarrying of land prior to the election of November 5th, 1957; second, that the quarrying, if not illegal, is or will become a common law nuisance. The first issue raises…