of Friends of Kardon Park and Ann Feldman

Supreme Court of Pennsylvania

of Friends of Kardon Park and Ann Feldman

DecidedFebruary 17, 2016

Docket358 MAL 2015 (Granted)

StatusPublished

This text of of Friends of Kardon Park and Ann Feldman (of Friends of Kardon Park and Ann Feldman) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: PETITION OF THE BOROUGH : No. 358 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : : : IN RE: PETITION OF THE BOROUGH : No. 359 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : : : IN RE: PETITION OF THE BOROUGH : No. 360 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court : PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : : : IN RE: PETITION OF THE BOROUGH : No. 361 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : IN RE: PETITION OF THE BOROUGH : No. 410 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : IN RE: PETITION OF THE BOROUGH : No. 411 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : IN RE: PETITION OF THE BOROUGH : No. 412 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : IN RE: PETITION OF THE BOROUGH : No. 413 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : : : : IN RE: PETITION OF THE BOROUGH : No. 424 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. : : : : IN RE: PETITION OF THE BOROUGH : No. 425 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. : : : IN RE: PETITION OF THE BOROUGH : No. 426 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. : : : IN RE: PETITION OF THE BOROUGH : No. 427 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. :

ORDER

PER CURIAM

AND NOW, this 17th day of February, 2016, the Petitions for Allowance of Appeal at

410-413 MAL 2015 are GRANTED as to the following issues, as framed by Petitioners:

a. Where a municipality has satisfied the requirement to dispose of condemned property under Section 310(a) of the Eminent Domain Code by abandoning the purpose for which the property was condemned, does the Donated or Dedicated Property Act, Act of Dec. 15, 1959, P.L. 1772, 53 P.S. §§ 3381, et seq. (the “DDPA”) nonetheless require judicial approval before a municipality may dispose of that property? b. Where a municipality intends to abandon property acquired by condemnation and where that intent is coupled with external acts to achieve such abandonment, has the purpose of the property been “abandon[ed]” for purposes of Section 310(a) of the Eminent Domain Code?

Furthermore, the Petitions for Allowance of Appeal at 358-361 MAL 2015 and 424-427 MAL

2015 are GRANTED, LIMITED TO the following issues:

a. Does the removal of Project 70 Act deed restrictions also remove all public trust interests in dedicated parkland, such that judicial review of the sale of such parkland would no longer be required under the Donated or Dedicated Property Act, 53 P.S. §§ 3381-3386?

b. May municipalities convey private development easements over public parkland without first obtaining Orphans’ Court approval under the DDPA?

The Prothonotary is directed to consolidate these matters for argument.

Mr. Justice Eakin did not participate in the decision of this matter.

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: PETITION OF THE BOROUGH : No. 358 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : : : IN RE: PETITION OF THE BOROUGH : No. 359 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : : : IN RE: PETITION OF THE BOROUGH : No. 360 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court : PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : : : IN RE: PETITION OF THE BOROUGH : No. 361 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: FRIENDS OF KARDON : PARK AND ANN FELDMAN : IN RE: PETITION OF THE BOROUGH : No. 410 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : IN RE: PETITION OF THE BOROUGH : No. 411 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : IN RE: PETITION OF THE BOROUGH : No. 412 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : IN RE: PETITION OF THE BOROUGH : No. 413 MAL 2015 OF DOWNINGTOWN : : : PETITION OF: BOROUGH OF : Petition for Allowance of Appeal from the DOWNINGTOWN, COUNCIL OF THE : Order of the Commonwealth Court BOROUGH OF DOWNINGTOWN, : PROGRESSIVE HOUSING VENTURES, : LLC AND J. LOEW & ASSOCIATES, INC. : : : : : IN RE: PETITION OF THE BOROUGH : No. 424 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. : : : : IN RE: PETITION OF THE BOROUGH : No. 425 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. : : : IN RE: PETITION OF THE BOROUGH : No. 426 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. : : : IN RE: PETITION OF THE BOROUGH : No. 427 MAL 2015 OF DOWNINGTOWN : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court PETITION OF: KIM MANUFACTURING : COMPANY AND STEWART HALL, L.P. :

ORDER

PER CURIAM

AND NOW, this 17th day of February, 2016, the Petitions for Allowance of Appeal at

410-413 MAL 2015 are GRANTED as to the following issues, as framed by Petitioners:

a. Where a municipality has satisfied the requirement to dispose of condemned property under Section 310(a) of the Eminent Domain Code by abandoning the purpose for which the property was condemned, does the Donated or Dedicated Property Act, Act of Dec. 15, 1959, P.L. 1772, 53 P.S. §§ 3381, et seq. (the “DDPA”) nonetheless require judicial approval before a municipality may dispose of that property? b. Where a municipality intends to abandon property acquired by condemnation and where that intent is coupled with external acts to achieve such abandonment, has the purpose of the property been “abandon[ed]” for purposes of Section 310(a) of the Eminent Domain Code?

Furthermore, the Petitions for Allowance of Appeal at 358-361 MAL 2015 and 424-427 MAL

2015 are GRANTED, LIMITED TO the following issues:

a. Does the removal of Project 70 Act deed restrictions also remove all public trust interests in dedicated parkland, such that judicial review of the sale of such parkland would no longer be required under the Donated or Dedicated Property Act, 53 P.S. §§ 3381-3386?

b. May municipalities convey private development easements over public parkland without first obtaining Orphans’ Court approval under the DDPA?

The Prothonotary is directed to consolidate these matters for argument.

Mr. Justice Eakin did not participate in the decision of this matter.

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