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ORVILLE D. ANDERSON AND DOROTHA ANDERSON v. DAVID L. SHAFFER (03/20/80)

decided: March 20, 1980.

ORVILLE D. ANDERSON AND DOROTHA ANDERSON, HUSBAND AND WIFE, APPELLANTS,
v.
DAVID L. SHAFFER, EDGAR RAMSEY AND F. WAYNE WOODS, SUPERVISORS OF EAST LACKAWANNOCK TOWNSHIP, MERCER COUNTY, EAST LACKAWANNOCK TOWNSHIP, A POLITICAL SUBDIVISION OF PENNSYLVANIA, AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION



No. 112 MARCH TERM, 1979

COUNSEL

Terry K. Wheeler, Greenville, for appellants.

Anna Belle Jones, Mercer, for East Lackawannock Tp. and Supervisors.

Stuart J. Moskovitz, Harrisburg, for Pa. Dept. of Transp.

Paul Logan, Asst. Atty. Gen., Harrisburg, for appellees.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Per Curiam

[ 488 Pa. Page 192]

ORDER OF COURT

No. 112 March Term, 1979.

And now, this 20th day of March, 1980, we order this case remanded to the Commonwealth Court for the purpose of determining whether the road in question is a public or private road. If the road is determined to be a public road, the Commonwealth Court is then to determine whether the road is a state or local road. The determination shall be made by taking the necessary testimony and permitting the Pennsylvania Department of Transportation and East Lackawannock Township to participate in the proceedings.

It is so Ordered.

19800320

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