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BUCCIARELLI v. DeLISA

547 Pa. 431 (1997)

691 A.2d 446

Sam BUCCIARELLI and Mary Jo Bucciarelli, his wife; Robert VanCleaf and Sharon VanCleaf, his wife; Henry Phillips and Emma Phillips, his wife; Willard Slack and Denise Slack, his wife; Robert Keene, as Executor of the Estate of Maxine V. Keene and as Heir to the Estate of Maxine V. Keene, and Gerald Keene, as Heir Estate of Maxine V. Keene, Appellants v. Al DeLISA, Appellee.

Supreme Court of Pennsylvania.

Decided March 25, 1997.

Reargument Denied May 13, 1997.

Attorney(s) appearing for the Case

Charles L.E. Wage, Montrose, Alan M. Zalbowitz, Binghampton, NY, for Sam Bucciarelli, et al.

Bruce K. Anders, Wilkes Barre, Joseph C. Zola, Hazleton, for Al DeLisa.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from an order of the Superior Court reversing an order of the Court of Common Pleas of Susquehanna County permanently enjoining appellee Al DeLisa from interfering with appellants Bucciarelli et al. in their use of an access road ("the cottage road") which traverses DeLisa's property.

The facts underlying this dispute are that in 1986 Maxine...

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