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SMITH v. FULKROAD

305 Pa.Super. 459 (1982)

451 A.2d 738

Elvin C. SMITH and Fern E. Smith, Appellants, v. James FULKROAD, Jack Fulkroad and Larry Fulkroad, t/d/b/a the Fulkroad Sanitary Landfill.

Superior Court of Pennsylvania.

Filed October 8, 1982.

Petition for Allowance of Appeal Denied May 10, 1983.

Attorney(s) appearing for the Case

Bruce D. Foreman, Harrisburg, for appellants.

Arthur L. Goldberg, Harrisburg, for appellees.

Before BROSKY, WIEAND and MONTEMURO, JJ.

MONTEMURO, Judge:

This case concerns an equity matter in which the appellants, owners of farm property, are contesting but a single principal issue:1 may the appellees, operators of a sanitary landfill, continue to use what was formerly a country lane located near appellants' farmhouse as a heavily-used access road for a daily parade of trucks hauling sixty tons of refuse onto a neighboring property?

It is apparent upon review...

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