GRAMLICH v. LOWER SOUTHAMPTON TP.


838 A.2d 843 (2003)

William GRAMLICH and Andrea Gramlich, h/w, Appellants v. LOWER SOUTHAMPTON TOWNSHIP and Gustav and Dorothy Cullman.

Commonwealth Court of Pennsylvania.

Decided December 17, 2003.


Attorney(s) appearing for the Case

Jonathan Wheeler, Philadelphia, for appellants.

Charles J. Daily, Philadelphia, for appellees.

BEFORE: McGINLEY, Judge, COHN, Judge, and MIRARCHI, Jr., Senior Judge.


OPINION BY JUDGE COHN.

Before us for consideration is the question of whether a concrete inlet and opening of a drainage pipe, constructed by a homeowner in the unpaved right-of-way adjacent to the paved portion of the street, comes under the "streets" or "real property" exception to governmental immunity. William and Andrea Gramlich appeal from the order of the Court of Common Pleas of Bucks County that granted Lower Southampton Township's motion for a directed verdict...

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