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HARMAN v. FOREST COUNTY CONSERVATION DIST.

950 A.2d 1117 (2008)

The Proposed Subdivision Application of Robert D. HARMAN for the Robert D. Harman Subdivision v. FOREST COUNTY CONSERVATION DISTRICT and Planning Board. Appeal of Gaylord and Martha Wagner.

Commonwealth Court of Pennsylvania.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Emil M. Spadafore, Jr., Meadville, for appellants.

Joseph E. Altomare, Titusville, for appellee, Forest County Conservation District and Planning Board.

BEFORE: McGINLEY, Judge, and FRIEDMAN, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Gaylord and Martha Wagner (Wagners) appeal from the May 17, 2007, order of the Court of Common Pleas of the 37th Judicial District, Forest County Branch (trial court), which granted the motion to quash filed by the Forest County Conservation District and Planning Board (Board). We vacate and remand.

David A. Harned (Harned) owns a parcel of land without access to a public road. In 2004, Harned filed a petition to appoint a board...

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