Phillips v. Dunseith

Citations

• 269 Pa. 251
• 112 A. 240
• 1920 Pa. LEXIS 795

Syllabus

<p>Deeds — Covenants—Building restrictions — Offensive business— Equity- — Injunction.</p> <p>1. Where lots on a plan have a restriction against the operation of any noxious or offensive business, and the owners of lots stand by. for three years and make no objection to a violation of the restriction by the operation of a public garage, and then permit a new lessee of the garage to operate it for a time, they are guilty of laches.</p> <p>2. If the use was increased a few months before the bill was filed, the court will so frame its decree as to restrain the enlarged or increased operation.</p> <p>3. If it appears that the building had burned down, and is to be rebuilt, its owners have the right to reconstruct it and continue their garage business, but the building for garage purposes should be no larger than the former one, nor its use greater.</p>