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POCONO HIGHLAND LAKE ESTATES v. PALYS

822 A.2d 879 (2003)

POCONO HIGHLAND LAKE ESTATES PROPERTY OWNERS ASSOCIATION, v. Dennis E. PALYS and Deidre Palys, his wife, Appellants.

Commonwealth Court of Pennsylvania.

Decided May 5, 2003.

Attorney(s) appearing for the Case

Edmund G. Flynn, Stroudsburg, for appellant.

Aaron M. DeAngelo, Stroudsburg, for appellee.

BEFORE: LEADBETTER, Judge, COHN, Judge (P), McCLOSKEY, Senior Judge.

OPINION BY JUDGE COHN.

Pocono Highland Lake Estates is a residential subdivision, consisting of some 300 lots, situate in both Middle Smithfield and Price Townships in Monroe County, Pennsylvania. Appellee, the Pocono Highland Lake Estates Property Owners Association (Association), is a not-for-profit corporation consisting of property owners of the subdivision. The Association initiated the instant declaratory judgment proceeding to determine whether an easement...

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