# Frye Construction, Inc. v. City of Monongahela

> Supreme Court of Pennsylvania · January 9, 1991 · 526 Pa. 170

URL: https://www.frixlaw.com/law-library/cases/9694502

## Case

- **Full name:** FRYE CONSTRUCTION, INC., Appellant, v. CITY OF MONONGAHELA, Robert A. Lohr, City Engineer of the City of Monongahela, Board of Appeals of the City of Monongahela and John A. Zentek and R. Carole Zentek, His Wife, Appellees
- **Court:** Supreme Court of Pennsylvania
- **Decided:** January 9, 1991
- **Citations:** 526 Pa. 170; 584 A.2d 946; 1991 Pa. LEXIS 5
- **Precedential status:** Published
- **Opinion:** Concurrence by Nix
- **Judges:** Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9694502

## How later opinions describe it (automated extraction)

- finding rule requiring exhaustion did not apply when jurisdiction was not exclusive and zoning regulations did not provide injunctive power

## Opinion text

NIX, Chief Justice,
concurring.
While I concur in the result of reinstating appellant’s equity action, I do not view the case as a zoning matter. Any citizen has a right to seek equitable relief from a continuing infringement upon his or her enjoyment of that person’s property rights. The fact that the conduct complained of here violated certain zoning laws is not the gravamen of the case. Rather, the gravamen of the complaint is a violation of the complainant’s own property rights and complainant’s right to an equitable remedy. Clearly appellant was so entitled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9694502. Public record. Not legal advice.