O'Reilly v. (a) Hickory On Green Homeowners Ass'n

OPINION BY

President Judge LEADBETTER.

This case, on remand from our Supreme Court, involves a challenge to the constitutionality of the Private Road Act (PRA).1 *294This case began when Timothy P. O’Reilly filed a Petition for the Appointment of a Board of Viewers pursuant to the PRA, for the purpose of creating a private road allowing access to a landlocked parcel he owns. The Hickory on the Green Homeowners Association (Association), along with numerous landowners and neighbors, filed preliminary objections to the petition, arguing that takings under the PRA were unconstitutional. The Court of…