LOBDELL v. LEICHTENBERGER


442 Pa.Super. 21 (1995)

658 A.2d 399

Peggy L. LOBDELL, Appellant, v. Frank E. LEICHTENBERGER, Jr. and Carl Leichtenberger and Barbara L. Leichtenberger, Appellees (Two Cases).

Superior Court of Pennsylvania.

Filed May 5, 1995.


Attorney(s) appearing for the Case

James C. Blackman, Warren, for appellant.

Thomas E. Africa, Warren, for Frank E. Leichtenberger, appellee.

Before TAMILIA, JOHNSON and HUDOCK, JJ.


HUDOCK, Judge:

This consolidated appeal is from two orders of the trial court following the dismissal of a petition to appoint a board of viewers to open a private road.1 Respondents filed preliminary objections, including a demurrer. After argument, the court granted the demurrer stating that petitioners failed to state a cause of action for which relief could be granted. This appeal followed. We reverse.

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