Willock v. Arensberg
Superior Court of Pennsylvania
Appeal, No. 149, April T., 1912, by plaintiff, from decree of C. P. No. 4, Allegheny Co., Fourth Term, 1910, No. 432, dismissing bill in equity in case of Harry H. Willock v. Charles F. C. Arensberg. Bill in equity for an injunction. Before Cohen, J. The facts are stated in the opinion of the Superior Court. The appellant’s paper-book contained a photograph of the defendant’s house, which is here reproduced.
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Appeal, No. 149, April T., 1912, by plaintiff, from decree of C. P. No. 4, Allegheny Co., Fourth Term, 1910, No. 432, dismissing bill in equity in case of Harry H. Willock v. Charles F. C. Arensberg. Bill in equity for an injunction. Before Cohen, J. The facts are stated in the opinion of the Superior Court. The appellant’s paper-book contained a photograph of the defendant’s house, which is here reproduced. Error assigned was decree dismissing the bill. — There was a clear violation of the restriction: St. Andrew’s Lutheran Church’s App., 67 Pa. 512; Piro v. Shipley, 211 Pa. 36. The only…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff subdivided a tract of 100 acres into a residential project, called the “Oakmont Heights Plan of Lots ” and had a map of this duly adopted and recorded in the recorder’s office in Allegheny county. On the margin *76of the map there is the following notice and declaration, “Building restrictions: Forty foot building lines; only one residence on each lot, no outbuildings on ‘H’ street lots within 80 feet of any street; no outbuildings on £G’ street corner lots within 50 feet of either street; residences to cost not less than $4000. These restrictions to expire…
2Cases cited5 opinions
- Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908
- Richards's AppealSupreme Court of Pennsylvania · 1868
- Mint Realty Co. v. WanamakerSupreme Court of Pennsylvania · 1911
- Wahl v. Methodist Episcopal Cemetery Ass'nSupreme Court of Pennsylvania · 1900
- Messner v. Railway Co.Superior Court of Pennsylvania · 1900
3Cited by6 opinions
- Yocum Zoning CaseSupreme Court of Pennsylvania · 1958
- Schwartz v. HolycrossIndiana Court of Appeals · 1925
- Fletcher v. BienSupreme Court of Pennsylvania · 1925
- Law v. WeeterSuperior Court of Pennsylvania · 1917
- Barker v. Hillgrove, Pennsylvania Court of Common Pleas, Alleghany County1922
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