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McNAUGHTON PROPERTIES, LP v. BARR

981 A.2d 222 (2009)

The McNAUGHTON PROPERTIES, LP and MidPenn Estates, Appellants v. Terry N. BARR and Quinn K. Barr, Husband and Wife, Appellees.

Superior Court of Pennsylvania.

Filed September 1, 2009.

Attorney(s) appearing for the Case

Helen L. Gemmill, Harrisburg, for appellants.

John R. Ninosky, Lemoyne, for appellees.

BEFORE: BOWES, DONOHUE and FREEDBERG, JJ.

OPINION BY DONOHUE, J.:

¶ 1 Appellants, The McNaughton Properties, LP, and MidPenn Estates (collectively "McNaughton"), appeal from the trial court's order dated July 22, 2008 sustaining the preliminary objections of Appellees, Terry N. Barr and Quinn K Barr (collectively, the "Barrs"). This case raises an issue of first impression in Pennsylvania: whether a court may order the relocation of an express easement. For the reasons that follow, we conclude that under...

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