THE McNAUGHTON PROPERTIES, LP and MIDPENN ESTATES v. TERRY N. BARR and QUINN K. BARR

THE McNAUGHTON PROPERTIES, LP and MIDPENN ESTATES v. TERRY N. BARR and QUINN K. BARR, Husband and Wife, No. 1468 MDA 2008 2009 PA Super 173 Atlantic: 981 A.2d 222 Filed: 9/1/2009
	Appeal from the Order entered July 22, 2008, Court of Common Pleas, Cumberland County, Civil Division at No. 08-1975
Before: BOWES, DONOHUE and FREEDBERG, JJ.
Opinion by: DONOHUE, J.
Appellants, The McNaughton Properties, LP, and MidPenn Estates (collectively “McNaughton”), appeal from the trial court’s order dated July 22, 2008 sustaining the preliminary objections of Appellees, Terry N. Barr and Quinn K Barr (collectively, the “Barrs”). This case raises an issue of first impression in Pennsylvania: whether a court may order the relocation of an express easement. For the reasons that follow, we conclude that under existing Pennsylvania law, express easements must be construed according to contract interpretation principles, and thus we are without authority to modify the terms of an unambiguous express easement. Hence, we affirm the trial court’s dismissal of McNaughton’s declaratory judgment action.

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