Ephrata Area School District v. County of Lancaster

DISSENTING OPINION BY

Senior Judge KELLEY.

I respectfully dissent.

It is well settled that, in the case of an easement by express grant, the rights and liabilities of the parties are determined by the terms of the agreement and each has the right to insist that the terms of the agreement are complied with so that, as long as the easement is enjoyed, it will remain substantially the same as it was at the time that the right accrued. Minard Run Oil Company v. Pennzoil Company, 419 Pa. 334, 214 A.2d 234 (1965) (quoting Piro v. Shipley, 211 Pa. 36, 60 A. 325 (1905)). When reviewing an express…