Borough of Dickson City v. Malley

Opinion by

Judge Palladino,

•The Borough of Dickson City (Borough) appeals from a decision of the Court of Common Pleas of Lackawanna County (trial court) which dismissed the Borough’s preliminary objections to a Petition for Appointment of a Board of View (Petition) filed by Appellee, Joseph Malley.

Appellee’s property is located at the corner of Pan-cost Street and Throop Street in the Borough. Appellee’s house fronts on Paneost Street and the driveway runs to Pancost Street. The west side of the property abuts the 1300 block of Throop Street. Until 1980, the 1300 block of Throop Street was a…