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UPPER GWYNEDD TOWNSHIP AUTHORITY v. ABRAHAM AND EDYTHE ROTH (02/03/88)

decided: February 3, 1988.

UPPER GWYNEDD TOWNSHIP AUTHORITY
v.
ABRAHAM AND EDYTHE ROTH, HUSBAND AND WIFE. EDYTHE ROTH, APPELLANT



Appeals from the Order of the Court of Common Pleas of Montgomery County in the case of Upper Gwynedd Township Authority v. Abraham and Edythe Roth, Nos. 82-03333 and 82-03352.

COUNSEL

Jules Pearlstine, with him, C. Stephens Vondercrone, Jr., Pearlstine/Salkin Associates, for appellant.

Marlyn F. Smith, Solicitor for Upper Gwynedd Township Authority, and Josele Cleary, High, Swartz, Roberts & Seidel, for appellee.

Judges MacPhail and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 113 Pa. Commw. Page 241]

This is an appeal brought by Edythe Roth*fn1 (appellant) from an order of the Court of Common Pleas of Montgomery County denying her motions for post-trial relief in the nature of a new trial or judgment non obstante veredicto. After a careful review of the record, we affirm.

The appellant is the owner of two tracts of land in Upper Gwynedd Township. One parcel consists of 22.156 acres and is located on the southwest side of Hancock Street (southwest parcel) which is vacant and wooded. The second parcel consists of 139.996 acres and is located on the northeast side of Hancock Street (northeast parcel) on which are the Roth residence and farm.

On April 19, 1972, the Upper Gwynedd Township Authority (Authority) passed a resolution authorizing the construction of a sanitary sewer system along, inter alia, Hancock Street. On June 12, 1972, the Township enacted an ordinance approving the Authority's construction plans and authorizing the assessment of the properties benefited by the sewer system.

During the course of construction of the sewer system along Hancock Street the Roths asked the Authority to extend the sewer line 2,050 feet onto the northeast parcel. The Roths granted the Authority a twenty-five foot easement for the extension and paid for the construction of it.

Also, during the course of construction along Hancock Street the Roths granted the Authority a twenty-five foot sewer easement through the southwest parcel. A resolution for a Declaration of Taking for this easement

[ 113 Pa. Commw. Page 242]

    was passed by the Authority. The Declaration was filed on October 13, 1972.

On August 1, 1973, the Authority enacted a resolution accepting its engineers' recommendation that the construction of the project had been completed and ...


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