Ham v. Sulek

JOHNSON, Judge.

In this appeal from a trial court order sustaining preliminary objections and dismissing the complaint, we are asked to determine whether appellant Karen W. Ham is the real party in interest in this equity action charging that “Taylor Road” is a public road. Finding that she is not the real party in interest and that this action is barred by res judicata, we affirm.

This is the fourth action filed since 1988 concerning a private road known as Taylor Road in Tionesta Township, Forest County. The first two cases resulted in this court’s opinion in Carringer v. Taylor, 402…