O'Reilly v. Hickory on the Green Homeowners Ass'n

OPINION BY

Judge PELLEGRINI.

Though the “Private Road Act”1 was first enacted in colonial times, Hickory on the Green Homeowners Association, along with its 124 constituent property owners (collectively, “Association”) contends that the Private Road Act is an unconstitutional taking of property for a private purpose in violation of the Fifth Amendment to the United States Constitution2 and Article 1, §§ l3 and 104 of Pennsylvania’s Constitution. They raised this challenge in preliminary objections to Timothy P. O’Reilly’s (O’Reilly) request for the Appointment of a Board of Viewers to open a…