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POPE v. MUTH

332 Pa.Super. 264 (1984)

481 A.2d 355

In re Petition of Thomas W. POPE and Elizabeth L. Pope, his wife, For the Opening of A Private Road in Lykens Township, Dauphin County, Pennsylvania v. Charles E. MUTH and Alda E. Muth, his wife, Appellants.

Supreme Court of Pennsylvania.

Filed August 31, 1984.

Petition for Allowance of Appeal Denied February 19, 1985.

Attorney(s) appearing for the Case

W.H. Clay Keen, Harrisburg, for appellants.

Paul E. Baker, Harrisburg, for appellees.

Before WICKERSHAM, OLSZEWSKI and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellants challenge the lower court's order authorizing appellees' placement of utilities within a private road to be constructed on appellants' property. We agree with the lower court's determination and, accordingly, affirm.

In late 1980, appellees petitioned for the right to construct a private road from their property through appellants' property, in order to gain access to a main road. A

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