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HAROLD DULANEY v. ROHANNA IRON AND METAL (07/19/85)

filed: July 19, 1985.

HAROLD DULANEY, MICHAEL BAKER AND DOROTHY L. BAKER, HIS WIFE
v.
ROHANNA IRON AND METAL, INC., ANDREW K. ROHANNA AND ROBERT E. ROHANNA, APPELLANTS



NO. 990 Pittsburgh 1983, Appeal from the Order Entered July 11, 1983 in the Court of Common Pleas of Greene County, No. A.D. No. 944, 1980 Civil Division.

COUNSEL

David C. Hook, Waynesburg, for appellants.

Ewing B. Pollock, Waynesburg, for appellees.

Olszewski, Hester and Shiomos,*fn* JJ.

Author: Olszewski

[ 344 Pa. Super. Page 46]

This matter comes before us on appeal from the order entered July 11, 1983 in the Court of Common Pleas of Greene County. The lower court granted plaintiffs-appellees the right of ejectment, thus extinguishing appellants' claim of prescriptive use of a right of way and parking space on plaintiffs-appellees' property. This appeal followed.

The controversy centers on 2.692 acres of land situate in Franklin Township, Greene County. A railroad right-of-way fronts the tract's northern edge. To its west, Jennings

[ 344 Pa. Super. Page 47]

Avenue, a dedicated street, runs north and south. By deeds dated October 3, 1951 and March 9, 1953, appellee Harold Dulaney, acquired title to the tract.

By deed dated March 15, 1953, Dulaney conveyed 2.123 acres of the original tract to A.K. Rohanna, father of appellants Andrew K. Rohanna and Robert E. Rohanna. This parcel (the "Rohanna property") had formed the southern part of the original tract. Although the Rohanna property did not abut Jennings Avenue, appellants could reach the avenue by an access lane across the northern edge of the Dulaney property.*fn1

On August 8, 1957, conveyance of another parcel of land extended the Rohanna property line west to Jennings Avenue.

Both properties enjoyed commercial use: Dulaney's as a slaughter house and Rohanna's as an iron and metal business. From time to time, Rohanna's employees would park their vehicles on a parking lot at the southern end of the Dulaney property.

On September 15, 1977 Dulaney executed an Article of Agreement with appellees Michael A. Baker and Dorothy L. Baker. When appellants asserted a right to use the access road and the parking lot, Bakers joined with Dulaney this action in ejectment. The lower court, after a hearing and oral argument, entered an order directing ejectment of appellants from ...


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