Legal Opinion

In re Opening of Munday Lane

Lehigh County Court of Quarter Sessions

Decided December 24, 1928Published

1Opinion of the Court

Reno, P. J.,

The Township of Whitehall, a township of the first class, has enacted the opening of Munday Lane. The exceptant is the Hillside Cemetery Association, and it alleges that the proposed road will, in violation of the General Township Act (July 14, 1917, § 496, P. L. 840), pass through its burial-ground or cemetery. The township, in its answer, “alleges . . . that the land of the exceptant, through which the proposed road passes, is not now, nor has it at any time been, used as a cemetery or a burial-ground.”

Thus, at the outset, we are confronted with an issue of fact which, in the…

2Cases cited3 opinions

  1. Franconia Township RoadSupreme Court of Pennsylvania · 1875
  2. Case of Neeld's RoadSupreme Court of Pennsylvania · 1845
  3. United Brethren Congregation v. BoroughSuperior Court of Pennsylvania · 1914

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