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IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Petition for Opening of Public Road known as Mountainview Lane in Cass Township, Schuylkill County, Pennsylvania Appeal of: Forino Co., L.P. In Re: Petition for Opening of Public Road known as Crystal View Lane in Cass Township, Schuylkill County, Pennsylvania Appeal of: Forino, Co., L.P. In Re: Petition for Opening of Public Road known as Mulberry Lane in Cass Township, Schuylkill County, Pennsylvania Appeal of: Forino Co., L.P. BEFORE: : : : : : : : No. 955 C.D. 2008 : : : : : : No. 964 C.D. 2008 : : : : : No. 965 C.D. 2008 : Submitted: October 3, 2008

HONORABLE DAN PELLEGRINI, Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE JOHNNY J. BUTLER, Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE PELLEGRINI

FILED: October 23, 2008

Before this Court are three consolidated appeals filed by Forino Co., L.P. (Forino) from three separate orders of the Court of Common Pleas of Schuylkill County (trial court) denying the three petitions Forino filed requesting

the appointment of a Board of Viewers to open and layout Mountainview Lane, Crystal View Lane and Mulberry Lane in the Mountain View subdivision located in Cass Township (Township) because the trial court determined that those streets had already been laid out and dedicated for public use.

Forino is the owner/developer/builder of property known as Mountain View subdivision a/k/a/ Rockledge subdivision in Cass Township, Schuylkill County. In its petition to the trial court, Forino alleges that on December 23, 2003, he received subdivision approval, without mentioning from what agency he received approval,1 which was recorded in the Recorder of Deeds of Schuylkill County. According to Forino, all of the lots in the subdivision had been conveyed to third parties by Forino who built homes on the properties. All that remained of the property in Forino's possession were three streets shown on the subdivision plan

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Pennsylvania Law