GERNER ET UX. v. BOROUGH OF BRUIN

No. 1586 C.D. 1977.

37 Pa.Commw. 271 (1978)

E.A. Gerner and Margaret Gerner, his wife, Appellants v. Borough of Bruin, A Municipal Corporation of the Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

August 18, 1978.


Attorney(s) appearing for the Case

Frank P. Krizner, with him McCandless & Krizner, for appellants.

Saul J. Bernstein, with him Bernstein and Campbell, for appellee.

Argued May 3, 1978, before Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN and Judge DiSALLE did not participate.


OPINION BY JUDGE BLATT, August 18, 1978:

E.A. Gerner and Margaret Gerner (appellants) have asked us to review the decision of the Court of Common Pleas of Butler County which sustained the preliminary objections of the Borough of Bruin (Borough) to their complaint in equity.

The appellants are owners of a property to which access is provided by an alley maintained by the Borough. They have alleged that...

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