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JAMES N. LITTERER v. ROBERT F. SCHULTZ AND ELIZABETH R. SCHULTZ (11/01/85)

SUPERIOR COURT OF PENNSYLVANIA


November 1, 1985

JAMES N. LITTERER
v.
ROBERT F. SCHULTZ AND ELIZABETH R. SCHULTZ, HIS WIFE, APPELLANTS

Appeal from the Order in the Court of Common Pleas of Montour County, Civil No. 590 of 1981

Before: Spaeth, P.j., McEWEN And Beck, JJ.

Per Curiam

The trial court's order is reversed to the extent that it declares that appellee's property is not subject to an implied easement in favor of appellants over the unopened 40 foot wide street appurtenant to appellants' southern boundary, and the case is remanded for the trial court to determine whether appellants are entitled to damages. Otherwise the order is affirmed.

Disposition

Affirmed.

19851101

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