Ephrata School District v. County Of Lancaster

886 A.2d 1169 (2005)

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Nature of the Case

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Facts

P entered into an agreement to purchase a 50-foot strip of land totaling 2.3 acres from the Nolts and the Lauvers to construct an access road for a new school. The parties later modified the agreement to reflect acquisition of a right-of-way under and subject to the rights of D, a County agency, in an open space easement over the Lauvers' property. P requested that D approve the relinquishment of its easement over the 50-foot strip of land or, in the alternative, approve Pt's acquisition of a right-of-way from the Lauvers. D voted to deny the request. P appealed D's decision to the Court of Common Pleas of Lancaster County (trial court). P then filed a declaratory judgment action in the trial court seeking a declaration that S approval was not required. It also sought a declaration its proposed right-of-way did not violate D's open space easement. D got the judgment and P appealed.