The prolonged legal wrangling over Kardon Park, a 50-acre area of parkland that occupies parts of Downingtown Borough and East Caln Township in Chester County, continues with a Commonwealth Court decision April 29. The Borough of Downingtown v. Friends of Kardon Park (Nos. 75 & 76 C.D. 2014) decision marks the fourth time since 2012 that the Commonwealth Court has issued an opinion over this controversy. The ultimate outcome of Downingtown may inform the strategy of municipalities, developers and preservationists in cases where municipalities attempt to sell publicly held lands to developers.

Before examining the facts and potential import of this case, a brief description of both Kardon Park and its procedural backdrop is necessary. Kardon Park is composed of approximately 50 acres that was acquired by the Borough of Downingtown by three different methods of acquisition over a 15-year period. The method of acquisition of each parcel is, in large part, outcome-determinative of the underlying issue of how—or whether—donated public land may be sold to private interests. The first parcel of 7.6 acres was purchased by the borough in 1962 and is known as the Meisel Parcel. The second and third parcels (the Northern Parcels), consisting of approximately 21 acres, were purchased with Act 70 funds in 1968. The final two parcels (the Southern Parcels), totaling 11.7 acres, were acquired by condemnation proceedings by the borough in 1974 and 1977. The court found all had been dedicated to public use.

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