Driver v. Temple

In Driver v. Temple, 374 Pa. Super. 389, 543 A.2d 134 (Pa. Super. 1988), the Superior Court recognized the length of roadway is only one of many factors a board of viewers may consider in opening a private road. "The length of the roadway and the amount of damage caused are only two of several considerations mandated by statute." 543 A.2d at 137. "Of equal importance is the 'best ground for a road.'" Id. In Driver, the Court noted the two proposed shorter roads would have an excessive grade and become impassable in winter months and during heavy rains. The longer route, selected by the board, would have the least grade, be the least expensive to maintain, and would be an all-weather road. In Driver, the Superior Court upheld the board's choice of the longer, all-weather road as the most suitable route.