Legal Opinion

In Re Swamp Road in Wayne Township

Commonwealth Court of Pennsylvania

Decided October 7, 2004PublishedCited by 4 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

Wayne Township (Township) appeals an order of the Court of Common Pleas of Dauphin County (trial court) that denied the Township’s exceptions to the Report of Board of View and ordered the vacation of a portion of Swamp Road. Because we determine the applicable legislation provided the trial court with express authority to act and substantial evidence supported its decision, we affirm.

Swamp Road is an unpaved public road that services the Department of Conservation and Natural Resources’ (DCNR) Joseph Ibberson Conservation Area. Traversing a heavily wooded and steeply…

2Cases cited6 opinions

  1. CODORUS STONE & SUPPLY CO. v. KingstonCommonwealth Court of Pennsylvania · 1998
  2. In re Vacation of portion of Township Road 164Commonwealth Court of Pennsylvania · 1986
  3. Zeni v. Township SupervisorsCommonwealth Court of Pennsylvania · 1982
  4. Bristol Township RoadSuperior Court of Pennsylvania · 1912
  5. In Re Exceptions to Jackson Township Ordinance No. 91-103Commonwealth Court of Pennsylvania · 1994

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re Vacation of a Portion of Township Road 308Commonwealth Court of Pennsylvania · 2008
  2. In Re: Vacating Old Rte. 322 ~ Appeal of: B.W. Huwar & T.L. RappCommonwealth Court of Pennsylvania · 2021
  3. In Re: Vacation of a Portion of Paper Mill Rd. ~ Appeal of: Newtown Twp.Commonwealth Court of Pennsylvania · 2023
  4. In re: River Valley S.D. ~ Appeal of: B. CaraneseCommonwealth Court of Pennsylvania · 2024

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