POMILIO v. CASERTA


215 A.2d 924 (1965)

Umbert V. POMILIO and Mary C. Pomilio, Plaintiffs Below, Appellants, v. Alexis A. CASERTA and Julia Caserta, Defendants Below, Appellees.

Supreme Court of Delaware.

December 28, 1965.


Attorney(s) appearing for the Case

John Biggs, III, Wilmington, for plaintiffs below, appellants.

James P. Collins, of Metten, Healy & Collins, Wilmington, for defendants below, appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice:

This is a property-line encroachment case involving the discretionary nature of the mandatory injunction sought to compel the removal of the encroachment.

The basic facts are these:

The parties are owners of adjoining residential lots, subject to a side-yard building restriction prohibiting building within "ten feet of any dividing line of any adjoining lot or parcel of land." In 1952, the defendants acquired their lot and built...

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