Borough of Lehighton v. Katz

Opinion by

Judge MacPhail,

The Borough of Lehighton (Borough) has appealed from a decree of the Court of Common Pleas of Carbon County in an action to quiet title. At issue is the trial court’s determination that J. Gordon Katz and Shirley J. Katz (Appellees) possess fee simple title, subject to existing easements, to one-half of a portion of an unopened street in the Borough and that the Borough possesses no right to use the street as a public thoroughfare.

*390The record reflects that in April, 1903 a plan of lots, streets and alleys was prepared regarding land located in the Borough known as the…