In Re: Petition of B. Adams & J. Adams, h/w

I concur in the result. The Majority reverses on the basis that the Adamses' future intended use of the property is irrelevant to determining necessity under the Private Roads Act.1 I hesitate to conclude that such evidence is categorically immaterial to the inquiry. Instead, I would reverse the Commonwealth Court's order on the ground that no public purpose exists for opening the private road used by the Chesapeake Corporation ("Chesapeake roadway") in order to provide the Adamses access to the northern portion of their property.

In In re Opening Private Road for Benefit of O'Reilly , 5 A.3d…