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TWP. OF HARBORCREEK v. STRANEVA ET AL.

No. 577 C.D. 1985.

108 Pa.Commw. 313 (1987)

529 A.2d 618

Township of Harborcreek, Appellant v. Gust J. Straneva and Catherine C. Straneva, his wife, et al., Appellees.

Commonwealth Court of Pennsylvania.

August 10, 1987.

Attorney(s) appearing for the Case

Eugene J. Brew, Jr., McClure, Dart, Miller, Kelleher & White, for appellant.

William J. Cavanaugh, for appellees, Gust J. Straneva et ux.

John Dodick, with him, Donald E. Wright, Jr., Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for appellees, Charles Davis, et ux., and Leonard Langer, et ux.

Argued March 26, 1987, before Judges BARRY and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE BARRY, August 10, 1987:

The Township of Harborcreek (township) instituted an action in equity in the Court of Common Pleas of Erie County alleging that Gust and Catherine Straneva (subdivider), Charles and Patricia Davis and Leonard and Eve Langer (abutting landowners) had wrongly and without permission diverted a stream from its original course along the rear of certain properties fronting Suzanne Drive to a course along Suzanne Drive and other township...

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