A unanimous en banc Commonwealth Court panel has ruled that a century-old Northeast Philadelphia park must remain parkland and cannot be divided up to use part of the park for the expansion of a private-sector cancer research and treatment facility.
The court said that the city of Philadelphia does not have the authority to lease a portion of Burholme Park to Fox Chase Cancer Center under a law that lets municipalities sell land donated to the public if the land can no longer be used for its dedicated purpose.
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