Legal Opinion

Peck v. SEPTA

Pennsylvania Court of Common Pleas, Montgomery County

Decided October 25, 1993No. 87-11386Published

1Opinion of the Court

NICHOLAS, P.J.,

Plaintiffs, Herbert Peck and Evelyn Peck, are the owners of an approximately eight acre tract of land fronting on North Wales Road in Whitpain Township, Montgomery County. Plaintiffs’ land is bisected by a railroad right-of-way held by defendant, the Southeastern Pennsylvania Transportation Authority (SEPTA). The SEPIA rail line separates the front portion of plaintiffs’ property *339from the rear six acres. It is plaintiffs’ desire to subdivide their property in order to create a five lot residential development on the rear six acres, which portion is connected to the front…

2Cases cited9 opinions

  1. Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
  2. Lawson v. SimonsenSupreme Court of Pennsylvania · 1980
  3. Quarry Office Park Associates v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1990
  4. Port v. Huntingdon & Broad Top R. R.Supreme Court of Pennsylvania · 1895
  5. Delaware, Lackawanna & Western Railroad v. ShumanSupreme Court of Pennsylvania · 1955

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