Vernon Township Volunteer Fire Department, Inc. v. Connor

The Vernon Township Volunteer Fire Department (plaintiff) purchased a parcel within the Cuthbert Subdivision to build an alcohol-serving social hall, then discovered a restrictive covenant barring alcohol sales within the subdivision; it sought releases from all 77 parcel owners, and 68 signed, three neither signed nor sought enforcement, and the remaining six owners, led by William Connor (defendants), refused. The Fire Department sued to quiet title, arguing changed conditions — new alcohol-selling establishments within two miles of, though not within, the subdivision — rendered the covenant obsolete; the trial court upheld the covenant, but the superior court reversed based on changed conditions and noted that of the 68 releasing owners, none who testified said they'd relied on the covenant when purchasing. The defendants appealed to the Pennsylvania Supreme Court.