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Estojak v. Mazsa
Citation:
562 A.2d 271 (1989)Facts
Andrew and Michael Estojak operated Andy’s Auto Body on Jennings Street in Bethlehem and purchased two additional lots in the Minsi Trail Farm Plan in July 1986. These lots were located at the intersection of Yeates Street and East Union Street, which were dedicated for public use on the recorded plan but never accepted by the municipality. In July 1985, the Estojaks bulldozed and graded a roadway over East Union Street to gain access to their newly purchased lots. The Mazsas (since 1950) and Johnsons (since 1958) owned adjacent lots and had maintained the portions of East Union Street adjoining their properties as extensions of their yards for family use, cutting grass and gardening. After the Estojaks created the roadway, the Mazsas and Johnsons erected a fence to block access. Neither the Mazsas nor Johnsons had previously erected any barriers or structures that would obstruct the right of way or indicate that access was restricted, though they claimed a natural embankment along Jennings Street acted as a natural barrier to vehicular traffic.
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