EPHRATA AREA SCHOOL DISTRICT
v.
COUNTY OF LANCASTER, Borough of Ephrata, and Lancaster County Agricultural Preserve Board
Appeal of County of Lancaster.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued December 5, 2006.
Decided December 27, 2007.
Attorney(s) appearing for the Case
Melvin Eugene Newcomer, Esq., Kluxen & Newcomer, Lancaster, for County of Lancaster.
Robert L. Knupp, Esq., Law Office of David J. Eckle, Harrisburg, for amicus curiae County Commissioners Association of Pennsylvania.
Louis T. Glantz, Esq., Glantz, Johnson & Associates, State College, for amicus curiae Centre County Agricultural Land Preservation Board.
Barbara L. Reist, Esq., Shirk Reist, Matthew J. Creme, Jr., Esq., Nikolaus & Hohenadel, L.L.P., for amicus curiae Lancaster Farmland Trust & Lancaster County Conservancy.
Matthew Brent Royer, Esq., for amicus curiae Chesapeake Bay Foundation.
Douglas Holbrook Duer, Esq., Byler, Goodley, Winkle & Hetrick, P.C., Lancaster, for amicus curiae PA Farmland Preserv. Assoc., Lanc. Cty. Coalition for Smart Growth & Lanc. Cty. Conserv. Dist.
Debra K. Wolf, Esq., Douglas Holbrook Duer, Esq., Byler, Goodley, Winkle & Hetrick, P.C., Lancaster, for amicus curiae Pennsylvania Land Trust Association.
Susan V. Metcalfe, Esq., McNees, Wallace & Nurick, L.L.C., Kenneth C. Notturno, Esq., Richard L. Caplan, Esq., Timoney Knox, L.L.P., Harrisburg, for Ephrata Area School District.
Douglas Holbrook Duer, Esq., Byler, Goodley, Winkle & Hetrick, P.C., Lancaster, for Lancaster County Agricultural Preserve Board.
BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER and BALDWIN, JJ.
Supreme Court of Pennsylvania.
OPINION
Justice CASTILLE.
This appeal presents a question of first impression: whether, under the Open Space Lands Act, 32 P.S. § 5001 et seq., appellee, Ephrata Area School District, must secure the consent of appellant, the County of Lancaster, in order to obtain a right-of-way over privately owned land that is subject to an open space property interest vested in the County. Overruling the trial court, a divided Commonwealth Court panel...
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