In a case of first impression, a deeply divided Commonwealth Court panel has ruled that a municipality may not take private property marked as blighted and give it to a private, religious organization.
In In re 1839 North Eighth Street, PICS Case No. 06-0173 (Pa. Commw. Feb. 6, 2006) Smith-Ribner, J., Pellegrini, J., dissenting (26 pages), the court reversed a Philadelphia judge’s decision to rejection a landowner’s preliminary objections to a declaration of taking.
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