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JAMES TARRITY AND LOUISE TARRITY v. PITTSTON AREA SCHOOL DISTRICT AND STATE PUBLIC SCHOOL BUILDING AUTHORITY (11/15/74)

decided: November 15, 1974.

JAMES TARRITY AND LOUISE TARRITY, HIS WIFE, PLAINTIFFS,
v.
PITTSTON AREA SCHOOL DISTRICT AND STATE PUBLIC SCHOOL BUILDING AUTHORITY, DEFENDANTS



Original jurisdiction in case of James Tarrity and Louise Tarrity, his wife, v. Pittston Area School District and State Public School Building Authority.

COUNSEL

Joseph J. Musto, with him Lewis W. Wetzel, for plaintiffs.

J. Earl Langan, for defendants.

Judge Rogers. Opinion by Judge Rogers.

Author: Rogers

[ 16 Pa. Commw. Page 372]

Statement of Issue

The plaintiffs, James Tarrity and Louise, his wife, suing in equity, seek an order directing the defendants, the Pittston Area School District and the State Public School Building Authority, to remove an obstruction to, and enjoining the defendants from future interference with, an easement of passage over lands of the defendant Authority occupied by the defendant School District. The plaintiffs claim the easement by prescriptive right.

Findings of Fact

1. The plaintiffs purchased a house and lot located at and known as number 66 Reynolds Street, in the Borough of Hughestown, Luzerne County, in April 1947. They have occupied the premises as their residence since its acquisition.

2. Reynolds Street runs in a generally north-south direction. The Tarrity property is on the west side of the street. Reynolds Street intersects Parsonage Street, a public street of the Borough of Hughestown, running in a generally east-west direction, at a place about 150 feet south of the Tarrity property. Reynolds Street is paved from Parsonage Street to a point about 300 feet north from its intersection with Parsonage Street, which point is about 150 feet north of the Tarrity property. The record does not disclose whether the paved portion of Reynolds Street is a public street of Hughestown Borough by official action of the governing body. It was paved by the Borough.

3. The grade of Reynolds Street descends from the Parsonage Street intersection. The grade of Reynolds

[ 16 Pa. Commw. Page 373]

Street where it fronts the Tarrity property is 10 to 12 feet below its grade at the intersection.

4. In or before the year 1932, the then owner of land abutting the east side of Reynolds Street, The Pennsylvania Coal Company, constructed a concrete wall along and adjacent to the east side of Reynolds Street from Parsonage to a point about 300 feet from the intersection. The wall varies in height in conformity with difference between the grade of Reynolds Street and the ...


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