John Marinclin and Goldie Marinclin, His Wife v. Mae G. Urling

OPINION OF THE COURT

This appeal challenges the holding of the lower court that the Fourteenth Amendment to the Constitution of the United States is not violated by the grant of a way of necessity under 36 P.S. § 2731 to a person buying a lot, knowing that it has no access to a public road due to a previous condemnation of part of the lot for a limited access highway. The lower court accurately stated the facts as follows:

“ * * * A lot of land owned by plaintiffs adjoins a lot owned by the defendant; each has a dwelling erected thereon. Prior to 1961, the Commonwealth of Pennsylvania condemned…