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AMBLER BOROUGH v. SHEPHERD

443 Pa. 375 (1971)

Ambler Borough, Appellant, v. Shepherd.

Supreme Court of Pennsylvania.

June 28, 1971.

Attorney(s) appearing for the Case

Mark E. Weand, Jr., with him Stefan, Timoney, Knox & Avrigian, for appellant.

John F. Christie, III, with him High, Swartz, Roberts & Seidel, for appellees.

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

OPINION BY MR. JUSTICE POMEROY, June 28, 1971:

This appeal arises from the dismissal by the court below of a bill in equity brought by the Borough of Ambler (the Borough) against Harry W. Shepherd, Jr., and his wife (the property owners) in which the Borough sought to compel the property owners, by mandatory injunction, to remove from the bed of Tannery Run Creek those portions of a retaining wall on their property which had fallen into the creek and to repair the...

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