BORO. OF LEHIGHTON v. KATZ ET UX.

No. 1531 C.D. 1982.

75 Pa.Commw. 388 (1983)

The Borough of Lehighton, Appellant v. J. Gordon Katz and Shirley G. Katz, Husband and Wife, Appellees.

Commonwealth Court of Pennsylvania.

July 6, 1983.


Attorney(s) appearing for the Case

Paul A. McGinley, Gross, McGinley & McGinley, with him Marianne S. Lavelle, Shutack & Lavelle, for appellant.

Armin Feldman, with him Cheryl Ann Klepper, Martin H. Philip Associates, P.C. for appellees.

Argued April 6, 1983, before Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, July 6, 1983:

The Borough of Lehighton (Borough) has appealed from a decree of the Court of Common Pleas of Carbon County in an action to quiet title. At issue is the trial court's determination that J. Gordon Katz and Shirley J. Katz (Appellees) possess fee simple title, subject to existing easements, to one-half of a portion of an unopened street in the Borough and that the Borough possesses no right to use the street as a public thoroughfare...

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