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IN RE FORRESTER

No. 161 MAP 2001.

836 A.2d 102 (2003)

In re Interest of Robert W. FORRESTER, Appeal of Rodney J. McKenrick, Bonnie F. McKenrick, Harold S. Forrester, and Helen B. Forrester.

Supreme Court of Pennsylvania.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Thomas J. Finucane, Chambersburg, for appellants Rodney J. and Bonnie F. McKenrick, Harold S. and Helen B. Forrester.

Joseph Keith Goldberg, Harrisburg, for appellee Robert W. Forrester.

Before: ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Chief Justice CAPPY.

The issue with which we are presented today is whether the Commonwealth Court erred in determining that there is no requirement that the Agricultural Lands Condemnation Approval Board ("ALCAB") must approve of the opening of a private road under the law commonly known as the Private Road Act ("Act"), 36 P.S. § 2731 et seq., when that road is in an Agricultural Security Area...

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