Pope v. Muth

HOFFMAN, Judge:

Appellants challenge the lower court’s order authorizing appellees’ placement of utilities within a private road to be constructed on appellants’ property. We agree with the lower court’s determination and, accordingly, affirm.

In late 1980, appellees petitioned for the right to construct a private road from their property through appellants’ property, in order to gain access to a main road. A Board of View, appointed pursuant to 36 P.S. § 2731 1 recommended that appellees be permitted to build a 25'-wide road and to place utilities therein. The lower court, upon review,…