In Re: Tax Parcel 27-309-216 S. and S. Raap v. S. and K. Waltz

OPINION

This is the second of three cases1 argued together before this court, sitting en banc, all of which involve essentially the same constitutional issue. Scott and Sandra Raap appeal an order of the Court of Common Pleas of Lycoming County granting summary judgment in favor of Stephen and Kathy Waltz in the Raaps’ action seeking appointment of a board of viewers pursuant to the law commonly known as the Private Road Act.2 In doing so, the trial court held that the Raaps could not open a private roadway across the Waltzes’ land to access their landlocked property. *752It agreed with the…