Tushak v. Borough of California

Opinion by

Judge Barry,

Susan Tushak (appellant) appeals an order of the Court of Common Pleas of Washington County which sustained the preliminary objections of the Borough of California (Borough) and dismissed the appellants petition for an appointment of a Board of View. We affirm.

The appellant owns property located at 1005 Meadow Street in California. On this property is situated a driveway leading to a detached garage. At the juncture of the road and driveway is a drainage ditch. The appellant filed a petition, pursuant to Section 502(e) of the Eminent Domain Code (Code),1 alleging that…