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Property Keyed to Sprankling
Vernon Township Volunteer Fire Department, Inc. v. Connor
Citation:
855 A.2d 873 (Pa. 2004)Facts
In 1946, property owners of the Culbertson Subdivision signed a restrictive covenant prohibiting the sale of alcoholic beverages on their land. This agreement was to be binding on all successive occupiers of the Subdivision, in order to protect the “health, peace, safety and welfare” of the owners and their successors. In 1997, the Fire Department purchased a 3.25-acre parcel of land within the Culbertson Subdivision for the purpose of building an alcohol-serving establishment. The Fire Department did not have actual notice but did have constructive notice of the restrictive covenant. At present, there are no alcohol-serving establishments within the Culbertson Subdivision, but there are two bars and one alcohol-serving establishment within two miles of the restricted tract. The Fire Department sought to have all of the property owners of the Culbertson Subdivision sign a Limited Release of Restrictions. 68 of 77 owners signed, three neither signed nor sought to enforce the restrictive covenant, and six refused to sign. The Fire Department brought suit to have the restrictive covenant invalidated because changed conditions in the immediate neighborhood rendered the restriction obsolete.
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Topic Resources
Topic Outline
Real Covenants and Equitable Servitudes