The color green seems to be on everyone's minds these days. The whole green revolution (as in energy), the ubiquitous Starbucks logo, money (speaks for itself) and rolling fairways are just a few images that come to mind. As this article relates to the practice of law (it really does), it is the final one that we find the most intriguing. After what some might perceive as a deliberate round of litigation, a compelling condemnation issue eventually made its way up to our state Supreme Court. And with the U.S. Open just wrapping up, the decision in Lower Makefield Township v. Lands of Dalgewicz, (No. 33 MAP 2011, Decided 5/29/13), is quite timely.
The facts are straightforward enough. Lower Makefield Township, Pa., apparently under the spell of this country's golf revolution, set its sights on a 166-acre farm owned by the appellees. It proceeded to use its eminent domain power for the purpose of building a golf course, an entirely legitimate public use, according to the Commonwealth Court. Preliminary objections were filed to the taking and a Board of View determined that the value of this very large parcel, also in close proximity to Interstate 95, was worth about $3.9 million. This amount was challenged and eventually got to a jury, for a six-day trial.
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