State Supreme Court Stops Downingtown’s Sale of 28 Acres of Parkland

By

The Pennsylvania Supreme Court has sided with preservationists to limit the ability of municipalities to sell parkland. Image via the Friends of Kardon Park.

Preservationists are ecstatic following the Pennsylvania Supreme Court ruling that municipalities cannot sell public parkland, nor give developers the right to use that land for private easements without public participation, writes Michaelle Bond for the Philadelphia Inquirer.

This decision puts an immediate stop to plans by Downingtown to sell 28 acres of local parkland to Progressive Housing Ventures. It wanted the land to build a retail space and around 300 housing units.

The court stated in its ruling that the Donated or Dedicated Property Act requires that all public park sales be court reviewed. This also applies in cases when a municipality has removed the land’s deed restrictions.

The unanimous decision states that no public property can be sold without careful consideration “or for purposes that do not serve a true public benefit.”

“Grandchildren of ours will be relying on this when municipalities try to sell their parks,” said H. Fintan McHugh, an attorney representing nearby companies that challenged the borough’s plans. “It’s not just a pro-parks decision, but it’s a pro-public decision.”

Read more about the ruling in the Philadelphia Inquirer here.

Connect With Your Community

Subscribe to stay informed!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Advertisement
Creative Capital logo