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IN RE LAYING OUT AND OPENING PRIVATE RD. IN SULLIVAN TP.

No. 733 C.D. 2008.

964 A.2d 495 (2009)

In re LAYING OUT AND OPENING a PRIVATE ROAD IN SULLIVAN TOWNSHIP, TIOGA COUNTY, Pennsylvania, Appeal of Tri-County Sportsmen's Club.

Commonwealth Court of Pennsylvania.

Decided January 28, 2009.

Attorney(s) appearing for the Case

Robert S. Cronin, Jr., Lancaster, for appellant.

William R. Stokes, II, Wellsboro, for appellee.

BEFORE: FRIEDMAN, Judge, and SIMPSON, Judge, and BUTLER, Judge.

OPINION BY Judge SIMPSON.

In this private road case, Tri-County Sportsmen's Club (Tri-County) appeals an order of the Court of Common Pleas of Tioga County (trial court) opening a private road in favor of Hilltop Hunting Club, Inc. (Hilltop). The trial court's order confirmed a board of viewers' (Board) report finding necessity for the road under what is commonly referred to as the Private Road Act2 and locating it on the existing roadbed...

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