Nasser v. Empire Sanitary Landfill, Inc.

POPOVICH, Judge:

This case involves an appeal from the order of the Court of Common Pleas of Lacka-wanna County denying a motion to dismiss by the defendant/appellant, Empire Sanitary Landfill. We affirm in part and quash in part.

The facts of record evidence that the plaintiffs, William K. and Catherine Nasser, his wife, filed a complaint to quiet title, as well as a petition for a temporary restraining order and preliminary injunction, against the defendant. In the complaint, the plaintiffs averred that they conveyed to the defendant’s predecessor, by deed, the right to extend the width of…