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COMMONWEALTH PENNSYLVANIA v. JOSEPH PETRAITIS AND WANDA T. PETRAITIS (05/28/75)

decided: May 28, 1975.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION AND TOWNSHIP OF TINICUM AND PALISADES SCHOOL DISTRICT, APPELLEES,
v.
JOSEPH PETRAITIS AND WANDA T. PETRAITIS, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Bucks County in case of Commonwealth of Pennsylvania, Department of Transportation, Township of Tinicum, and Palisades School District v. Joseph Petraitis and Wanda T. Petraitis, No. 72-360301-6.

COUNSEL

Joseph Petraitis and Wanda T. Petraitis, appellants, for themselves.

Martin Burman, Special Assistant Attorney General, for appellee, Commonwealth.

Charles H. Dorsett, Jr., with him Eastburn and Gray, for appellee, Tinicum Township.

Gordon C. Erdenberger, with him Power, Bowen & Valimont, for appellee, Palisades School District.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 19 Pa. Commw. Page 320]

Joseph Petraitis and Wanda T. Petraitis (appellants) are the owners of a tract of land in Tinicum Township, Bucks County, which abuts both sides of Legislative Route 326 (River Road) and Legislative Route 09099 (Dark Hollow Road). River Road and Dark Hollow Road intersect in a T intersection, and the appellants have a home which fronts on the northwest corner of this intersection.

The present litigation had its origin on April 21, 1972, when the Commonwealth of Pennsylvania, Department of Transportation (Commonwealth), and Tinicum Township (Township)*fn1 filed a complaint in equity seeking a preliminary injunction, alleging that the appellants were obstructing and interfering with the public rights-of-way in River Road and Dark Hollow Road by placing rocks, boulders, and other objects on these rights-of-way. Following a hearing on April 26, 1972, Judge Edwin H. Satterthwaite, sitting as chancellor, granted preliminary injunctive relief against the appellants.

After a final hearing had been held on October 30, 1973, the chancellor, on December 7, 1973, issued an adjudication and decree nisi which enjoined the appellants from obstructing and encroaching upon the legal right-of-way of River Road and the paving of River Road and Dark Hollow Road at and near their intersection as it existed on March 16, 1972 and directed appellants to remove from the legal right-of-way of River Road any rocks, boulders, and other objects thereon within a distance of 14 feet of the center line of the paved surface of River Road as depicted in Exhibit P-1 of the record.

Appellants filed exceptions to the decree nisi, but the court en banc overruled the exceptions and adopted the

[ 19 Pa. Commw. Page 321]

    decree nisi as the final decree of the court. ...


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