Carlino v. Whitpain Investors

In 1973, the owner of a 47-acre tract in Whitpain Township sought to have the tract rezoned from a single-family classification to a multi-family classification in order to construct residential rental units. The tract was situated between three roads, one being a state highway, Stenton Avenue. At the rezoning hearing, the owner stipulated that there would be no access road built from the apartment complex to Stenton Avenue. In 1973, the township adopted the requested zoning change. In 1979, however, construction of an access road from the apartment complex to Stenton Avenue commenced. The tract was subsequently acquired by Whitpain Investors (Whitpain) (defendant). Neighboring property owners, Peter and Elizabeth Carlino (plaintiffs), became aware that the land-development plan finally approved by the township included, at the insistence of the township, access to Stenton Avenue and that in 1978 the Pennsylvania Department of Transportation issued a driveway permit authorizing construction of the access road. The Carlinos argued that the access road, which was adjacent to their property, would cause inconvenience and annoyance and reduce their property value. The Carlinos filed a claim in district court against the township and Whitpain. The Carlinos argued that the original owner of the tract, pursuant to an agreement with the township, stipulated to forego an access road to Stenton Avenue, and thus the 1973 rezoning was contractually conditioned on there being no access road. The Carlinos sought an injunction requiring Whitpain to eliminate the road and sought to hold the township accountable to the 1973 contractual condition. The district court found in favor of the township, and the Carlinos appealed.