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McGINNIS v. McCARTER

940 A.2d 581 (2008)

J. Ross McGINNIS and Norman R. McGinnis, his wife, Appellees v. Robert N. McCARTER and Susan R. McCarter, his wife, Appellants.

Commonwealth Court of Pennsylvania.

Decided January 2, 2008.

Reargument Denied February 20, 2008.

Attorney(s) appearing for the Case

Rees Griffiths, York, for appellants.

Gilbert G. Malone, York, for appellees.

BEFORE: COLINS, Judge, LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COLINS.

Robert N. McCarter and Susan R. McCarter, his Wife (Appellants) appeal from the February 20, 2007 order of the Court of Common Pleas of York County (the Trial Court) that upheld the determination of the Board of View, granting J. Ross McGinnis and Norma R. McGinnis, his Wife (Appellees), a private roadway across Appellants' property. While these proceedings were pending, Appellant Robert N. McCarter passed away, and his wife, Susan R. McCarter...

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