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MAZZANTE v. McCLINTOCK

No. 1715 C.D. 2008.

976 A.2d 648 (2009)

Louis J. MAZZANTE, III, Appellant v. Jack L. McCLINTOCK & Mary L. McClintock, his wife; Glenn W. Derrick, Jr. & Dorothy Derrick, his wife; Carl K. Robbins & Donna K. Robbins, his wife; The Montague Family Trust, c/o Elma Jean Snyder and Daniel H. Thomas, Jr., Katrina Peifer & Karen Holiday, Shane T. Watkins, Red Pine Ridge Hunting Club c/o Paul Heise.

Commonwealth Court of Pennsylvania.

Decided June 10, 2009.

Attorney(s) appearing for the Case

David C. Shipman, Williamsport, for appellant.

J. Michael Wiley, Williamsport, for appellees, Jack L. McClintock and Mary L. McClintock; Glenn W. Derrick, Jr. and Dorothy Derrick; and Carl K. Robbins and Donna K. Robbins.

BEFORE: SMITH-RIBNER, Judge, and BUTLER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

Louis J. Mazzante, III (Mazzante) appeals from an order of the Court of Common Pleas of Lycoming County that denied his petition for appointment of a board of view to open a private road pursuant to Section 11 of the Act commonly known as the Private Road Act (Act), Act of June 13, 1836, P.L. 551, as amended, 36 P.S. § 2731. Mazzante questions whether the trial court erred as a matter of law in failing to appoint a board...

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