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LEISTNER v. BOROUGH OF FRANKLIN PARK

771 A.2d 69 (2001)

William LEISTNER and Mary Jane Leistner, husband and wife, and John A. Whiteside and Joyce L. Whiteside, husband and wife, Appellants, v. BOROUGH OF FRANKLIN PARK.

Commonwealth Court of Pennsylvania.

Decided February 28, 2001.

Reargument Denied April 30, 2001.

Attorney(s) appearing for the Case

Ronald G. Backer, Pittsburgh, for appellants.

John H. Rushford, Pittsburgh, for appellee.

Before PELLEGRINI, Judge, KELLEY, Judge, and FLAHERTY, Senior Judge.

PELLEGRINI, Judge.

William and Mary Jane Leistner and John and Joyce Whiteside (Property Owners), owners of real property located on Lin Point Court (Lin Point), appeal from an order of the Court of Common Pleas of Allegheny County (trial court) dismissing their complaint in equity to enjoin the Borough of Franklin Park (Borough) from using Lin Point as a public road.

Lin Point is located off State Route 856 (Nicholos Road), continues in a somewhat curved...

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