Dutch Corner Historical Society v. Stahl

DISSENTING OPINION BY

Judge COVEY.

I respectfully dissent from the Majority’s holding that the 1979 connected draft prepared by the Department of Community Affairs “conclusively establishes that the new claim for vacant land as alleged in the application does not exist.” Maj. Op. at 1208 (emphasis added). To the contrary, the Pennsylvania Supreme Court in Gratz v. Beates, 45 Pa. 495 (1863) stated: “Certified connected drafts of adjoining surveys on file in the land office, are always evidence in this state; not as the foundation of title, but as aids in locating individual surveys.” Id.…