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FOGLE v. MALVERN COURTS, INC.

554 Pa. 633 (1999)

722 A.2d 680

Donald W. FOGLE and Charlotte A. Fogle, Appellants, v. MALVERN COURTS, INC., Roger Buettner and Joan Buettner, Appellees.

Supreme Court of Pennsylvania.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Dante W. Renzulli, Exton, for Donald W. and Charlotte A. Fogle.

Marjorie A. Thomas, Wayne, for Malvern Courts, Inc. and Roger and Joan Buettner.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an order of Superior Court which reversed a summary judgment that the Court of Common Pleas of Chester County entered in favor of the appellants, Donald and Charlotte Fogle, in a case involving a dispute between neighbors as to who should pay for a fence constructed between their properties.

This controversy arose in 1995 when the Fogles announced that they would...

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