ANDERSON ET UX. v. SHAFFER ET AL.

No. 1158 C.D. 1977.

39 Pa.Commw. 636 (1979)

Orville D. Anderson and Dorotha Anderson, Husband and Wife, Plaintiffs v. David L. Shaffer, Edgar Ramsey and F. Wayne Woods, Supervisors of East Lackawannock Township et al., Defendants.

Commonwealth Court of Pennsylvania.

January 11, 1979.


Attorney(s) appearing for the Case

Terry K. Wheeler, with him Michael Halliday, for plaintiffs.

Anna Belle Jones and Arthur H. Marateck, Assistant Attorney General, with them Stranahan & Stranahan; Robert W. Cunliffe, Deputy Attorney General; and Gerald Gornish, Acting Attorney General, for defendants.

Argued September 11, 1978, before Judges BLATT, DiSALLE and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE DiSALLE, January 11, 1979:

On May 24, 1977, Orville D. Anderson and his wife (Petitioners) filed a petition for review in the nature of mandamus with this Court seeking to compel the Department of Transportation (PennDOT) and/or East Lackawannock Township (Township) and its supervisors to open, maintain and improve an access road to Petitioners' property. The Township and PennDOT have filed preliminary objections in the nature of a demurrer to the...

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