Legal Opinion · Dissent

In Re Interest of Forrester

Supreme Court of Pennsylvania

Decided November 20, 2003No. 161 MAP 2001Published

1DissentJustice Newman

At issue in this case is the interplay between the Private Roads Act (PRA)1 and the Agricultural Area Security Law (AASL).2 I disagree with the conclusion reached by the Majority and, therefore, dissent.

In August of 1998, pursuant to Section 11 of the PRA, 36 P.S. § 2731, Robert W. Forrester (Appellee) petitioned the Court of Common Pleas of Franklin County (trial court) for the appointment of a Board of View3 to open a 25-foot-wide easement for a “private road” to provide access from his landlocked property to the nearest public road. The trial court granted the petition and, subsequently,…

2Cases cited15 opinions

  1. Lance's AppealSupreme Court of Pennsylvania · 1867
  2. Sherman v. BuickCalifornia Supreme Court · 1867
  3. Philadelphia Clay Co. v. York Clay Co.Supreme Court of Pennsylvania · 1913
  4. Palairet's AppealSupreme Court of Pennsylvania · 1871
  5. Latah County v. PetersonIdaho Supreme Court · 1892

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