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ERIE v. METROPLAN, INC. et al.

440 Pa. 528 (1970)

Erie v. Metroplan, Inc. et al., Appellants.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

John M. Wolford, with him Dunn, Wolford & Sesler, for appellants.

Angelo P. Arduini, Assistant City Solicitor, with him James G. Hanes, City Solicitor, for City of Erie, plaintiff, appellee.

Joseph F. Agresti, with him Agresti and Agresti, for intervenors, appellees.

David S. Gifford, with him Gifford, Baker and Lay, for intervenor, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and POMEROY, JJ.

OPINION BY MR. JUSTICE COHEN, October 9, 1970:

This is an appeal from a decree of the Court of Common Pleas of Erie County permanently enjoining Metroplan, Inc., Jerome Heibel (Metroplan's president) and Marjorie Heibel (his wife), appellants, from further construction and utilization of a private driveway on a tract of land appellants own in the City of Erie.

Appellants own two tracts of land. One is located in the City of Erie and is approximately 2½...

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