In interpreting a deed with contradictory definitions of a land parcel’s boundaries, a split en banc panel of the Commonwealth Court has ruled in favor of the landowners who alleged a de facto taking of that property by a gas company.
The majority affirmed an order from the Westmoreland County Court of Common Pleas overruling preliminary objections by Equitable Gas Co. to the landowners’ petition for the appointment of viewers. The trial court relied on a survey of the property to find that Equitable buried a gas line on David and Kathleen Stark’s land.
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