PHILADELPHIA – Litigation from a Grays Ferry Baptist church that believed its neighbor built an encroachment on its property in Southwest Philadelphia and wanted the offending structure removed has been withdrawn.
On March 6, counsel for the church requested the matter be withdrawn without prejudice, meaning though the case would be dismissed for the time being, it would also be eligible to be re-filed in the future.
Progressive Worship Center of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on Aug. 25, 2017, versus Federal Street Phila., LLC, of Richboro.
The suit said on or about Dec. 27, 1999, plaintiff became and ever since has been, the owner of certain real property known as 1140-46 South 26th Street, in Philadelphia. Likewise, the defendant was and remains now, the owner of certain real property known as 2605 Federal Street, also in Philadelphia.
The real property of defendant does not adjoin that of plaintiff’s land on the west, but is separated by a three feet-wide alleyway. However, the suit said the defendant has erected a building that has totally disregarded that same alleyway, and in erecting said building, has removed parts of the plaintiff’s building.
As a result of the defendant’s action, the plaintiff stated its building has and will continue to suffer structural damage to its foundation, extensive water damage to its walls and floors and the basement is consistently flooded when it rains.
According to the plaintiff, if the defendant’s encroachment on its property persist, the plaintiff would suffer irreparable damage to his property – and that it requested the defendant remove the encroachment, but that the defendant refused.
“The encroachment on plaintiff’s property is a nuisance injuriously affecting the market and rental value, use, possession and occupation of plaintiff’s property, to plaintiff’s damage and loss in the sum of $145,000,” the suit said.
Prior to withdrawal, the plaintiff was seeking the overhanging structures on the plaintiff’s property be judged and deemed as an encroachment, the removal of said structures, a judgment and decree forever enjoining the defendant from maintaining the nuisance and also enjoining the defendant from the construction of said building, an award of damages in the amount of $145,000 plus legal interest accruing from Aug. 25, 2017, costs and such other and further relief as the Court may have deemed proper.
The plaintiff was represented by Lopez T. Thompson in Philadelphia.
The defendant was represented by Susan R. Engle of Mintzer Sarowitz Zeris Ledva & Meyers, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170802460
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com