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IN RE COMMISSIONERS OF CARBON COUNTY

No. 158 C.D. 2013

79 A.3d 1248 (2013)

In re: Petition of COMMISSIONERS OF CARBON COUNTY to Lay Out and Open County Road. Appeal of: Commissioners of Carbon County.

Commonwealth Court of Pennsylvania.

Decided November 15, 2013.

Attorney(s) appearing for the Case

Edward J. Hughes , Plymouth Meeting, and Daniel A. Miscavige , Hazleton, for appellants.

Thomas S. Nanovic , Jim Thorpe , for appellees Mahoning Township and Mahoning Township Board of Supervisors.

BEFORE: SIMPSON, Judge, LEAVITT, Judge, and McCULLOUGH, Judge.

OPINION BY Judge LEAVITT.

The Commissioners of Carbon County appeal an order of the Court of Common Pleas of Carbon County (trial court) denying their petition to lay out roads in Carbon County under authority of what is hereinafter referred to as the County Road Law.1 The proposed roads will serve a business park the County seeks to develop on its land. The trial court denied the County's petition because the roads as proposed will not...

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