Ephrata Area School District v. County of Lancaster

OPINION BY

Judge SIMPSON.

In this case of first impression, we are asked whether the holder of a prior open space easement must consent to the grant of a subsequent right-of-way which does not interfere with the open space easement. In particular, Ephrata Area School District (School District) asks whether it was required to obtain the approval of Lancaster County, which secured a prior open space easement from a private landowner, before the private landowner may grant it a right-of-way. Because County approval is not required unless the right-of-way interferes with the existing open space…