Hohl v. Modell

Citations

• 264 Pa. 516
• 107 A. 885
• 1919 Pa. LEXIS 689

Syllabus

<p>Deeds — Building restrictions — Offensive business — Public garage —ISquity—Injunction—Nuisance—Laches—Delay.</p> <p>1. Where the owner of a lot in an exclusively residence section of a city, built up with fine modern houses, holds it under a building restriction, common to the neighborhood, which provides “that there shall not be erected upon said lot......any establishment for...... any offensive business,” such owner will be enjoined from building an addition to an existing garage which will increase the storage capacity of the garage from ten automobiles to twenty-four.</p> <p>2. If it appears that she had maintained without objection on the lot a garage with a capacity for ten automobiles for three years, she will not be compelled to discontinue it; for he who would enforce a building restriction by injunction, must act promptly.</p> <p>' 3. Equity may restrain, as a nuisance, the operation of a public service garage in an exclusively residence section, aside from any building restriction.</p>