Borough of Downingtown v. Friends of Kardon Park
55 A.3d 163
Pa. Commw. Ct.2012Background
- Borough of Downingtown sought to sell about 51.7 acres to Developers for a mixed development under a 2007 agreement and amendments.
- Property comprises five parcels across the Borough and East Cain Township, with parkland and Act 70 restrictions on several parcels.
- Contamination history: historic fill and contaminants; DEP approved a cleanup/cap plan integrated with development.
- Trial court held DDPA applies and denied the sale; Borough and Developers appealed, objectors filed equity actions.
- Appellate court vacated and remanded for further consideration of Act 70, DDPA, and related provisions for specific parcels; addressed various parcels separately.
- Certain parcels involve condemned land and potential applicability of Code section 310(a); easements on Parcel 11-4-23 also at issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DDPA govern the sale of the Property? | Borough argues DDPA applies; public trust doctrine governs otherwise. | Objectors argue DDPA applies and controls disposition. | Remanded; court to consider Act 70 and DDPA together for affected parcels. |
| Should Parcels 11-4-13 and 40-1-23.1 be governed by Act 70 constraints? | Act 70 restrictions may be released for conveyance to Developers per subsequent legislation. | Public trust/DDPA analysis requires adherence to Act 70 restrictions or their release. | Remanded to evaluate Act 70 applicability and releases for these parcels. |
| Whether Parcels 11-4-14.2 E and 11-41-14 can be disposed of under section 310(a) of the Code or must follow DDPA/Act 70 considerations? | Disposal may be permissible under 310(a) after statutory abandonment analysis. | Disposition must respect DDPA and Act 70 constraints and related rights. | Remanded to make necessary findings and apply 310(a) with DDPA/Act 70 together. |
| What is the status of Parcel 11-4-23 and the related easements over it? | Parcel will be parkland; easements are ancillary to development; sale can proceed with conditions. | Easements and parkland use must remain consistent with public trust/Act 70 restrictions. | Remanded to assess easements' compatibility with parkland use under the disposition. |
Key Cases Cited
- In re Erie Golf Course, 605 Pa. 484 (Pa. 2010) (DDPA incorporates salient public trust principles; trial court authority preserved)
- Pilchesky v. Rendell, 932 A.2d 287 (Pa.Cmwlth.2007) (legislative acts authorize conveyance despite public trust concerns)
- Avery v. Commonwealth, 2 Pa.Cmwlth. 105 (Pa.Cmwlth.1971) (statutory construction; compatibility of Act 70 with other provisions)
- In re Estate of Ryerss, 987 A.2d 1231 (Pa.Cmwlth.2009) (public trust and disposition of donated land; preservation values)
- Gubernick v. City of Philadelphia, No official reporter given (Pa.Cmwlth.1984) (remand when paramount issue not addressed below)