Practice — Equity — Complaint — Insufficiency — Misrepresentations not causing damages.
In this action in equity to enjoin the erection of an apartment building 11 stories high, in which plaintiff alleged that it was induced by defendants not to object to a zoning down-grading by misrepresentations that defendants sought merely to erect apartment buildings 5 stories high, but plaintiff did not allege fraud or that it had expended any money on the faith of such misrepresentations or that it had suffered any irreparable damage, it was Held that the court below had properly dismissed the complaint on preliminary objections.
OPINION PER CURIAM, March 19, 1963:
Appellant filed a complaint asking an injunction against the erection of an apartment building 11 stories high, based upon an alleged promissory estoppel. Appellant alleged that it was induced by appellees not to object to or protest a down-grading of the nearby neighborhood, i.e., a rezoning from R-3 to R-7 to permit the erection of two to four 5-story apartment buildings by the representations of appellees that they sought merely to erect two or four apartment buildings five stories high. It further alleged that the same misrepresentations were made to the Township Commissioners, although they were not joined as parties nor was any relief sought against them.
Thereafter the Township Commissioners passed an ordinance which allowed appellees (and other property owners) to erect apartment buildings eleven stories high. Appellant did not allege fraud, or that it had expended any money on the faith of appellees' misrepresentations, or that it had suffered any irreparable damage. The lower Court sustained preliminary objections and dismissed appellant's complaint.
Order affirmed; each party to pay own costs.