Appeal, No. 100, March T., 1956, from decree of Court of Quarter Sessions of Washington County, Aug. T., 1955, Roads, No. 3, in re Acceptance of Penn Avenue as Part of the Road System of Carroll Township. Decree reversed. Proceeding upon petition of township supervisors for approval of resolution to accept dedicated ground. Before WEINER, J. Order entered empowering supervisors to accept dedication; resolution of supervisors accepting land approved. Objector appealed.
Paul N. Barna, for appellant.
Clarence O'Devore, Solicitor for Carroll Township, for appellee.
Before Stern, C.j. Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE CHIDSEY
In September of 1955 the Supervisors of Carroll Township in Washington County petitioned the Court of Quarter Sessions under the provisions of Section 1147 of the Second Class Township Code, 53 PS § 19093-1147, for an order authorizing them to accept as part of the township's public road system by appropriate resolution, a portion of Penn Avenue as laid out on a recorded plan of lots known as the Fisher Heights Plan of Lots. After hearing the court granted the prayer of the petition and the Board of Supervisors adopted the necessary resolution, upon which the court endorsed its consent and approval. John W. Whittaker, an owner of a lot within the recorded plan abutting on Penn Avenue, who appeared at the hearing in opposition to the petition, took the present appeal from the court's final decree affirming its earlier action.
The Fisher Heights Plan of Lots was laid out on January 5, 1926 and at least one lot sold during that year. The plan was recorded on April 13, 1929. Penn Avenue appears thereon as a street 28.81 feet in width on the easterly boundary of the plan and extends northwardly from State Highway Route No. 837 a distance of 651 feet to Alexander Street which runs east and west as laid out on the plan.
The appellant Whittaker acquired a number of lots on the plan including Lots 77 and 78 which longitudinally extended northwardly along the west side of Penn Avenue from Route 837 to Alexander Street, and as well
a number of lots abutting on Alexander Street west of Lot 78. Subsequently the State Public School Authority by condemnation acquired and leased to the School District of Carroll Township Lot 78, lots to the west of it fronting on Alexander Street and property to the east of Lot 78 not within the plan of lots. It also acquired other adjoining property. At the time of the institution of the present proceedings an elementary-junior high school was in course of erection on the property acquired from Whittaker with an entrance on the west side of Penn Avenue as laid out on the Fisher Plan, and the remaining property, acquired for school purposes, was to be used for parking and recreational facilities.
Appellant now owns only Lot No. 77 on the plan extending northwardly along the west side of Penn Avenue to what was the dividing line between it and Lot 78, a distance of 329.18 feet. The portion of Penn Avenue proposed to be taken over as a public road by the township extends a distance of 518.52 feet from Route 837 northwardly to the school property and therefore does not extend to Alexander Street. In 1932 appellant built a residence on the northern part of Lot 77 and, somewhat to the south of the house, also constructed a garage. On the opposite or east side of Penn Avenue, not within the plan of lots, William M. Polachek and wife own property abutting thereon extending from the school property on the north to what would be the dividing line between Lot 77 and 78 on the plan, if extended eastwardly; and Carl Corwin and wife own the remaining property abutting on the east side of Penn Avenue south of the Polachek property ...