Justia Zoning, Planning & Land Use Opinion Summaries

In consolidated cross-appeals, the Pennsylvania Supreme Court accepted review to consider whether three statutory provisions, the “Donated or Dedicated Property Act” (“DDPA”), the “Project 70 Land Acquisition and Borrowing Act” (“Project 70 Act”), and the Eminent Domain Code, allow Appellant Downingtown Borough (“Borough”) to sell four parcels of land to private housing developers , Appellants Progressive Housing Ventures, LLC and J. Loew and Associates, Inc. (“Developers”). The four parcels comprised a public community park owned and maintained by the Borough, and were held by the Borough as trustee. After review, the Court vacated the order of the Commonwealth Court with respect to the Borough’s proposed sale to Developers of two southern parcels, reversed the order regarding the proposed sale by the Borough to Developers of two northern parcels, and reversed the order of the Commonwealth Court involving the Borough’s grant of easements to Developers over all parcels. The Borough was required to obtain court approval before selling the parcels, and easements over the land would have subordinated public rights to the parcels to private rights. View "Downingtown Borough (Friends of Kardon Park, Aplts)" on Justia Law

In this case, two townships disputed the location of their common boundary. Pursuant to the Second Class Township Code, the trial court appointed three commissioners to ascertain that boundary. The Pennsylvania Supreme Court granted allowance of appeal to consider whether such commissioners, when tasked with determining the location of a municipal boundary but concluding that they could not do so with certainty, could consider the townships’ acquiescence to a line used as the boundary and relied upon by residents, and accordingly recommend the adoption of that alternative line as the municipal boundary. The Supreme Court concluded that, in such a narrow circumstance, the commissioners could rely upon the equitable doctrine of acquiescence in making their determination, and need not search indefinitely for evidence of the original boundary. Accordingly, the Court reversed the order of the Commonwealth Court and remanded for reinstatement of the trial court’s order. View "Adams Twp. v. Richland" on Justia Law