Legal Opinion
Ephrata Area School District v. County of Lancaster
Supreme Court of Pennsylvania
Decided December 27, 2007No. 70 MAP 2006PublishedCited by 7 opinions
1Opinion of the Court
*114 OPINION
Justice CASTILLE.
This appeal presents a question of first impression: whether, under the Open Space Lands Act, 32 P.S. § 5001 et seq., appellee, Ephrata Area School District, must secure the consent of appellant, the County of Lancaster, in order to obtain a right-of-way over privately owned land that is subject to an open space property interest vested in the County. Overruling the trial court, a divided Commonwealth Court panel determined that consent was not required under Section 5011 of the Act in this instance, based on the fact that the County is not a fee simple owner of the…
2Cases cited11 opinions
- Pennsylvania Financial Responsibility Assigned Claims Plan v. EnglishSupreme Court of Pennsylvania · 1995
- Commonwealth v. Gilmour Manufacturing Co.Supreme Court of Pennsylvania · 2003
- O'ROURKE v. CommonwealthSupreme Court of Pennsylvania · 2001
- In Re Canvass of Absentee Ballots of Nov. 4, 2003 General ElectionSupreme Court of Pennsylvania · 2004
- Ramich v. Worker's Compensation Appeal BoardSupreme Court of Pennsylvania · 2001
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3Cited by7 opinions
- Board of Revision of Taxes, City of Philadelphia v. City of PhiladelphiaSupreme Court of Pennsylvania · 2010
- Wayne M. Chiurazzi Law Inc. v. MRO Corp.Supreme Court of Pennsylvania · 2014
- Ephrata Area School District v. County of LancasterSupreme Court of Pennsylvania · 2007
- Lancaster County Ag. Preserve Bd. v. D.F. FrybergerCommonwealth Court of Pennsylvania · 2021
- R. Naylor & S. Naylor, h/w v. Bd. of Supers. of Charlestown Twp. ~ Appeal of: Bd. of Supers. of Charlestown Twp.Commonwealth Court of Pennsylvania · 2021
2 more not listed; retrieve them via the Exa API.