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3000 B.C. v. Bowman Properties Ltd.

Pennsylvania Court of Common Pleas
2008 WL 5544414 (2008)


Facts

3000 B.C. (plaintiff) operated a spa and required a peaceful and quiet environment for its successful operation. 3000 B.C. had rented the space for the spa from Bowman Properties Limited (Bowman) (defendant) for 12 years. After 12 years, Bowman began renting the apartment above 3000 B.C. to the Hair Cuttery. The construction and resulting noise from the barber shop harmed 3000 B.C.’s business. 3000 B.C. suffered financial loss and eventually moved to another location mid-lease. 3000 B.C. sued Bowman for breach of the implied covenant of quiet enjoyment.

Rule of Law

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Issue

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Holding and Reasoning (Bernstein, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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