Legal Opinion

Ephrata Area School District v. County of Lancaster

Commonwealth Court of Pennsylvania

Decided November 17, 2005Published

1Opinion of the Court

886 A.2d 1169 (2005)

EPHRATA AREA SCHOOL DISTRICT, Appellant

v.

COUNTY OF LANCASTER, Borough of Ephrata and Lancaster County Agricultural Preserve Board.

Commonwealth Court of Pennsylvania.

Argued September 13, 2005.

Decided November 17, 2005.

Kenneth C. Notturno, Lancaster, for appellant.

Melvin E. Newcomer, Lancaster, for appellee, County of Lancaster.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this case of first impression, we are asked whether the holder of a prior open space easement must consent to the grant of a subsequent right-of-way…

Also in this document: Dissent.

2Cases cited39 opinions

  1. Louis W. Epstein Family Partnership Levitz Furniture Corporation, Intervenor in D.C. v. Kmart CorporationCourt of Appeals for the Third Circuit · 1994
  2. Kmonk-Sullivan v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 2001
  3. Sanders v. Roselawn Memorial Gardens, Inc.West Virginia Supreme Court · 1968
  4. City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
  5. Commonwealth v. BradleySupreme Court of Pennsylvania · 2003

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