MENGER v. PASS


367 Pa. 432 (1951)

Menger v. Pass, Appellant.

Supreme Court of Pennsylvania.

Reargued March 26, 1951.

May 21, 1951.


Attorney(s) appearing for the Case

Stanley G. Stroup, with him Joseph Nissley and Livengood & Nissley, for appellants.

Mark T. Milnor, with him Shelley & Reynolds, for appellees.

Before DREW, C.J., STERN, STEARNE, JONES BELL, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 21, 1951:

The court below ruled that the erection and maintenance of an automobile tourist court — also known as a motel, automobile inn or camp — in a strictly residential area — which was unzoned and unrestricted — constituted a nuisance per se which was thereupon restrained. This appeal followed.

Charles M. Pass and Mary B., his wife, appellants, purchased on November 19, 1949...

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