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EPHRATA SC. DIST. v. COUNTY OF LANCASTER

886 A.2d 1169 (2005)

EPHRATA AREA SCHOOL DISTRICT, Appellant v. COUNTY OF LANCASTER, Borough of Ephrata and Lancaster County Agricultural Preserve Board.

Commonwealth Court of Pennsylvania.

Decided November 17, 2005.

Attorney(s) appearing for the Case

Kenneth C. Notturno, Lancaster, for appellant.

Melvin E. Newcomer, Lancaster, for appellee, County of Lancaster.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this case of first impression, we are asked whether the holder of a prior open space easement must consent to the grant of a subsequent right-of-way which does not interfere with the open space easement. In particular, Ephrata Area School District (School District) asks whether it was required to obtain the approval of Lancaster County, which secured a prior open space easement from a private landowner, before the private landowner may...

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