In Re Private Road in Nescopeck Township

HESTER, Judge:

Presently before the court is the appeal of petitioner Timothy Potter, sometimes Potter, from the order of the lower court dated February 26, 1979, wherein his petition to open a private road was denied.

The salient facts may be briefly summarized as follows: On February 6, 1979, appellant Potter filed a petition in the Court of Common Pleas, Luzerne County, for the appointment of a Board of Viewers pursuant to the Act of June 13, 1836, P.L. 551, Section 11; April 4, 1901, P.L. 65, No. 32, Section 1; April 28, 1927, P.L. 485, Section 1, (36 P.S. 2731), for the purpose of opening…