Legal Opinion

Berwick Twp. v. R.F. O'Brien

Commonwealth Court of Pennsylvania

Decided October 12, 2016No. 461 C.D. 2016PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY

JUDGE SIMPSON

In this appeal, Landowners 1 ask whether the Court of Common Pleas of Adams County 2 (trial court) erred in granting summary judgment in favor of. Berwick Township (Township) in the Township’s suit seeking declaratory and injunctive relief with regard to its right to access a right-of-way it previously obtained for sewer lines that run across Landowners’ property pursuant to a Right-of-Way Agreement (Agreement) between the parties. Landowners raise several issues. Upon review, we affirm.

I. Background

The trial court set forth the following background to this matter. At…

2Cases cited23 opinions

  1. Buffalo Township v. JonesSupreme Court of Pennsylvania · 2002
  2. Commonwealth v. LemonSuperior Court of Pennsylvania · 2002
  3. Unified Sportsmen v. Pennsylvania Game CommissionCommonwealth Court of Pennsylvania · 2008
  4. Merrill v. Manufacturers Light & Heat Co.Supreme Court of Pennsylvania · 1962
  5. BIG BASS LAKE COMMUNITY ASS'N v. WarrenCommonwealth Court of Pennsylvania · 2008

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3Cited by10 opinions

  1. County of Berks v. PA OOR and ALDEA - The People's Justice CenterCommonwealth Court of Pennsylvania · 2019
  2. Z&R Cab, LLC, Zoro, Inc., R. Blount and D. Bell v. PPACommonwealth Court of Pennsylvania · 2018
  3. Arts Academy Charter School v. PA Dept. of Ed., The Secretary of Ed., Pedro A. Rivera (In His Official Capacity), William Penn SDCommonwealth Court of Pennsylvania · 2018
  4. Baden Academy Charter School v. PA Dept. of Ed., The Secretary of Ed., Pedro A. Rivera (In His Official Capacity)Commonwealth Court of Pennsylvania · 2018
  5. D.R. Bindas v. Com. of PA, DOTCommonwealth Court of Pennsylvania · 2021

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